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PRINTER'S AFFIDAVIT
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<br /> . / ' oRDINANcE NO. 7~-2 ' '
<br /> ' CH'~f)TER~ia~'6r)~:"C~IYY~OF EAMSEY CODE
<br /> I NTOX!,C_AT!NG Li~QUQRS-~OFP,SALE,.PRIV,AT;E
<br />
<br /> ~N ORdINAnCE LICENSING AND. REGULATiNG
<br /> · NE:,.SALE~ AND CONSU~PTmN OF ~.
<br /> ToXI~XTINbtEiQUoR AND PROVIDIN~'A
<br />
<br /> · The Council ~ the Gtty or Ramsay Ordains
<br />
<br /> ~elaflng~to the.d~finifi~n of terms, lic~sing,
<br /> ~um~tj~n,,~les~ cond t ohs of ~nds. of ce
<br /> ,~ u~s~ e, anda oJher manors per/a n ng ~ ~he
<br /> [~e1~il ~le/,:~strlb~hon and consumption ~ in-
<br />
<br /> ~:~30.~2 ~ License R~uired. ~ r r
<br />,. 't~ 'Ge~ere~ R~uirement~ N0 person, e~c~t~
<br />~' ~olesaler or menu~eC~rer t0 the extent &b~horlzed
<br />~der~st~te license, shall directly or indirectly
<br />:~Jn,. ~ell .or keep. for sale in the city ~nd e~y
<br />/fo~i~efina~ iJqbor without. ~ license to~ do.' ~SO~ ~s
<br />prO~ided ~n this ordinen~e.:'Liquor Hce~s~sh~ be
<br />three.. Kinds: /'on-sa~e?,. "off-sale"~..and ' ffclub
<br />
<br /> ~ ~n~S~ ~ Li~ses/The reqoirem~f~~ for
<br /> issuance of "on.sale" IJcens~ ~re those founcl Jn
<br /> Chapter 130.05 of th~s Code.
<br /> 3. On.S~le Wine Licenses. 'On.s~le" wine licenses
<br /> shell be Jesu~ only fo restaurants meeting the
<br /> qualifications of MInnesot~ Statutes, Section ~0.11,
<br /> Subdivision ~ ~nd shell per~it only the ~le ~ wine
<br /> not exc~ing 14 per ce~t alcohol by volume, for
<br /> consumptJ~ on the Jicens~ premJs~ 'only, Jn
<br /> ~junction with the's~le of f~. Applications for 8n
<br /> ~.s~le'' wine Hcensa sh~ll follow the a~liceti~
<br /> duirements of Chapter 1~05, Regulations for the
<br /> s~e ~ "on-sale" wJfle shB~l be thee regulations
<br /> provided in Chapter 130.05 of this C~e.
<br /> 4. Special Club License. $p~i~l ¢lu~ licenses
<br /> sh~ll be issued only t0 incorporated clubs which ~v~
<br /> been in existence tot 15 years or more_or to
<br /> co~ression~lly chartered veterans' orgenizetJ~s
<br /> which have been Jn existence for 10 years. Ap-
<br /> plications sh~ll be m~de on forms es presCrib~ bY
<br /> the City CouncH.
<br /> 5. Off-S~le Licenses. "Off-sale" licens~ sh~ll
<br /> issued only'to ~rug steres end exclusive Hquor stores
<br /> Bad shell permit "~f-sale' o~ liquor only. No "~-
<br /> sale" license sh~ll be issu~ to ~n exclusive liquor
<br /> store ~olding ~n "on.sale" liquor license. The city
<br /> m~y issue 8 m~ximum of ~o (2) "~-sa~e" license.
<br /> 1~0.093 - Application for License to ~ Verified.
<br /> Every ~ppHc~fion for en "~t. sale" Hcense sh~ll
<br /> verified end filed with the City clerR-treBsur~.
<br /> 130.~4C Conte~ts ~ Application. In ~dditJon to
<br /> information which m~y be r~uired by the state
<br /> liquor' control commissioner, the application shall
<br /> state:
<br /> 1. Whether t~e ~pplic~nt is e n~turBI pe~on,
<br /> corporation, partnership or other form of
<br /> org~nJsation.
<br /> 2. if .the ~pPHc~nt is ~ ~tur~l ~rson~ the
<br /> followin~ information sh~ll be furnish~:
<br /> e. The true name, pl~ce ~nd d~te of birth,
<br /> street r~idence address of applicant; .
<br /> b. Whether ~pplicent has ever us~ or ~en
<br /> by ~ name other th~n his true name, 8nd if so, what
<br /> wes such name, or nem~, ~nd information con.
<br /> cerning det~ ~nd places where used;
<br /> c. The name of the ~usiness if it is to be conduct~
<br /> under e designation, n~me or s~le o~er then the full
<br /> individual n~me of the ~pplicBnt;
<br /> d. Whether ~pplicent is m~rri~ or single; Jf
<br /> married, true n~me, piece end 'd~te of birth ~nd
<br />~'*eet r~idence edd~ess of applicant's pre,at
<br />
<br /> ~. street ~ddresses ~t which applicant ~nd present
<br /> s~use h~ve lived during t~e prec~ing ten (10)
<br /> years;
<br /> f. Whether applicant or his s~use has ever been
<br />convlct~ of any felony; c~ime, or vi01~tion of ~ny
<br />ordinance other ~en traffic; if so, the ~ppHcent
<br />fur~Jsh information Bs to the time, pl~ce end ~ense
<br />~r which convictions were
<br /> g. Whether ~ppHc~nt or his s~use or e p~rent,
<br />
<br /> licenses shall expire on the lasl day of June of each
<br /> year. Upon rejection of any application for a license,
<br /> or upon withdrawal of application before approval of
<br /> the issuance by the city council, the license fee shall
<br /> be refunded to the applicant,.
<br /> 4. The fee for an "off-sale" and "on-sale" wine
<br /> license granted-after the commencement of the
<br /> license year shi~ll be pro.rated on amonthly basis.
<br /> 5. When the license is for a premises where the
<br /> building is not ready for occupancy, the time fixed
<br /> for payment of the license fee for the initial license
<br /> period shall be hinety (90) days after approval of the
<br /> license by the city council or upon the date the
<br /> building is ready for occupancy, whichever is sooner.
<br /> 6. No part of the fee paid for any license issued
<br /> under this chapter shall be refunded except 'in the
<br /> following instances upon application fo the council
<br /> within thirty (30) days from the happening of the
<br /> event. The council may in its judgment refund a pro
<br /> rata portion of the fee for the unexpired period of the
<br /> license, computed on a monthly basis, when
<br /> Operation of 'the licensed business ceases not less.
<br /> than one (i) month before expiration of t, he license
<br /> because of:
<br /> ~ a. Destruction or damage of the licensed premises
<br /> by fire or other catastrophe;
<br /> b. A change in the legal status of the municipality
<br /> making it unlawful for a licensed business to con-
<br /> tinue;
<br /> c. The death of the licensee, managing partner, or
<br /> managing officer of the licensee.
<br /> 7. At the time of each original application for a
<br /> license, except in-the case of an "on-sale" club
<br /> license, the applicant shall pay in full to the city clerk
<br /> an investigating fee as established from time to time
<br /> by city council resolution. No investigating fee shall
<br /> be refunded.
<br /> 8. At any time that an additional investigation is
<br /> required be~:ause of a.change in.the ownership or
<br /> control of a corporation' or because of an
<br /> enlargement, alteration, or extension of premises
<br /> previously licensed, the licensee shall pay an ad-
<br /> ditional investigating fee in an amount as established
<br /> from time 1o time by city council resolution.
<br /> 9. Where a new application is filed as a result of
<br /> incorporatio~ by an 'existing licensee and the
<br /> ownership, conlrol and inlere~t in the license are
<br /> unchanged, no acldltlonal license fee will be required.
<br /> 130.098 . Granting of Licenses. The following
<br /> procedure shall be followed in processing ap-
<br /> plications for licenses under this section:'
<br /> 1. All applications for a license shall be referred fo
<br />the chief of police and to such other city departments
<br />as the city council shall deem necessary for
<br />verification and investigation of the facts set forth in
<br />the application. The chief of police shall cause to be
<br />made such investigation of the information
<br />requested in Chapter 130.0~4 as shall be~ necessary
<br />and shall make a written recommendation' and
<br />report to the city council, which shall Include a list Of
<br />all violations of federal or state law or rhunicipal
<br />regulations.
<br /> 2. Upon'receipt of the written report and racom.
<br />mendafion by the chief of police and at the next
<br />regularly scheduled meeting thereafter,the city
<br />council s'hall instruct the city clerk to cause to be
<br />published in the official newspaper, ten (10) days in
<br />advance, a notice efa hearing !o be held by the cily
<br />council, setting forththe day, time and place when
<br />the hearing will be held, the name of the applicant,
<br />the premises where the business is to be conducted,
<br />and such other' information as the city council may
<br />direct. Within forty.five (45)days after the hearing,
<br />the council may either grant or deny Ihe license. If
<br />the license is granted, the council may withhold its
<br />issuance until the applicant has qualified in all
<br />respects fo.r the license. If the premises to be
<br />licensed are not complete at the time that the
<br />hearing is conducted, the council may' grant the
<br />license, but shall withhold its issuance until the
<br />premises have been completed in accordance with
<br />the representations made by .the applicant. Not-
<br />withstanding any requirement of this section or any
<br />section of this chapter, the city shall not be required
<br />to issue the initial off.sale licenses permiffed under
<br />this chapter until October 1, 1978.
<br /> 3. No transfer of a license shall be'permitted from
<br />place to place or person to person without complying
<br />with the requirements of any original application,
<br />
<br />OF PUBLICATION
<br />
<br /> following Conditions govern Issu~ ~'_ ~?/
<br /> pqrsuant to this section: ':, j~r~
<br /> 1. Every lice'nsc shall be gra'h ~""~,Ol~,,~:'~,
<br /> provisions of this Section and of a~ ~G~,~a>/;~
<br />
<br /> Statutes. "
<br /> 2. The license shall be .~sled in ~.
<br /> place in the liceDsed premises at all ti~
<br /> 3. Every licensee shall be res~nsi~J~
<br /> conduct of his place of business and for the ~ ~eJ~
<br /> of sobriety and order In the place of buslnes~ ,~d has ~u]]
<br /> the premises. ~' ~e ~n¢]ish
<br /> 4. NO "off-sale" licensee shall sell inloxic~
<br /> liquor "on-sale". ~ space
<br /> 5. No license shall be effective beyond the buildi~ aS[ o~ce
<br /> space shown in the license application for such~ O~ lOCal
<br /> license.
<br /> 6. No person under eighteen (18) years of age shall ~ other
<br /> be amp eyed in any r~ms constllutlng the place in qtS. (~)
<br /> which Intoxicating liquors are sold at retail 'on. has
<br /> sale", except that persons under eighteen (18) years
<br /> of age may be employ~ to perform Ihe duties of a ;easL ~5
<br /> bus ~y or dishweshlng servic~ in hotels or
<br /> restaurants licens~ under the provisions of this
<br />
<br /> 7. No intoxicating liquor shall be sold or furnished
<br /> or delivered to any Intoxicated person, to any ~O~ ~e
<br /> habitual drunkard, teeny person under eighteen (18) ined
<br /> years of age or to any person to whom sale is
<br /> prohlbit~ by state taw.
<br /> 8. No licensee or any of his employees shall keep, /spaper
<br /> possess, or operate or permit the keeping, ~ssesslon vspape~
<br /> or operation of any slot machine, dice or any gem- ~ShJ~ O~
<br /> bling device or apparatus on the li~sed premises,
<br /> or in any r~m adloining the licensed premises, nor p]icab]e
<br /> shall any such person permit any gambling therein. ~as~ o~e
<br /> 9. No licensee or any of his employees shall per has
<br /> Knowingly permit the licens~ premises or any
<br /> r~m In these premises, or any adjoining building
<br /> directly or indirectly under h s control, to be used as b~ ~ch
<br /> a resort for prostitules.
<br /> a
<br /> 10. Any ~lice officer, h~alth officer, sanitarian,
<br /> building inspecto~ or any properl~ designated officer
<br /> or employee of the city shall have the right to enter,
<br /> inspect and search the premises of the licensee
<br /> during busipess hours without a warrant.
<br /> 11. No licensee shell apply for or ~ss~s a
<br /> Federal Wholesale Retail Liquor Dealer's special
<br /> tax stamp or a federal gambling stamp.
<br /> 12. No ~ulpment or fixture In any licensed place ........
<br /> shall be own~ In whole or in part by any t~d was
<br /> manufacturer or distiller of Intoxicating liquor,
<br /> except such as shall be expressly permitted by state ~ ......
<br /> law.
<br /> ~3. The retail sale for'beverage purples of ethyl ~a~ O~
<br /> alcohol or neutral spirits, or substitutes therefor,
<br /> ~ssessing the taste, aroma and characteristics. )~
<br /> generally attributed to ethyl alcohol or neutral
<br /> spirits, 8s such, Is hereby prohibited. Nothing in this ~d that
<br /> paragraph shall ~ construed fo prohibit the sale of ~
<br /> of her pr~ucts obtained by the use of ethyl alcohol or
<br /> neutral spirits as defined in u.s. Treasury Depart. ;JO~ a~
<br /> ment, Bureau of'Internal Revenue, Reguatlons 125,
<br /> Article II, Standards of Identity for DIstill~ Spirits.
<br /> 14: The business records of the censee, Including
<br /> federal and state income lex returns,, shall be
<br /> available fo'r Inspection by the city council or other
<br /> duly authorized representative of the city at all
<br /> reasonable times.
<br /> 15. Cheng~ in the .cor~rate or association of.
<br /> ricers, cor~rate charter, articles of [ncor~reflon,
<br /> by.laws or partnership agreement, as the case may
<br /> be, shall be submitf~ to the city clerk:treasurer
<br /> within thirty (30) days after such changes are made.
<br /> In the case ~ a cor~rallon, the licensee shall notify ........
<br /> the city clerk when a person not listed in the
<br /> plication acquires an interest which, together with
<br /> that of his s~use, parent, brother, sister or child,
<br /> exceeds five per cent (5 percent), and shall give all .........
<br />
<br /> Jnform8tJon about said person as Is required of a
<br /> person pursuant to lhe provisions of Section 130.094 of
<br /> lhis Code.
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<br /> i6. At the time a licensee submits his application .....
<br />for a license or for renewal of a license, he she state
<br />the nature and amount of any contribution or con.
<br />fribuflons he has made in the preceding five (5)
<br />years for state and local pol.ltical campaigns or for
<br />political p~urposes, the person to whom t,he cpm
<br />tribution was made, and the person or organlzetl6n
<br />.:~ for whom Intended.
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