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expiration of the license. He shall also submit to the
<br /> liquor control commissioner any change of address,
<br /> transfer, cancellation, or revocation of any license
<br /> by the Council during the liceflse period.
<br /> Section~9. Person ineligible for License. No license
<br /> shall begranted to or held by a ny person: ' '
<br />i' (a) Who is ineligible under MinneSOta Stat'utes,
<br /> Chapter 340/ ·
<br />
<br /> (b) under 18 ye~rs~of age~ ~
<br /> (c) Who is not of go~d 'moral character and repute.
<br /> (d) Who is not a citizen of the United States.:
<br /> (e) Who, within five years prior t~ tl~b application
<br /> for such licehse, has been convicted of any violation
<br /> of bny law of the United.States (~r the State of Min.
<br /> nesota,.or any local ordinance with r.egard'to the
<br /> manufacture, sale, distribution, or passession for
<br /> Sale or distribution of intoxicating liquor or whose
<br /> liquor license has been revoked for any viol.aSian of '
<br /> any such laws or ordinances. ~
<br /> (f) Who is a manufacturer or wholesaler of in-
<br />toxicating liquor and no manufacturer or wholesaler
<br />shall either directly or indirectly own or control or
<br />. have any financial interest in'any retail business
<br />selling intoxicating liquor.
<br />. (g) Who d~rectly or tnd~rectly holds an interest ~no
<br />ianyother establishment in the city to which a license
<br />of trle same class has b?en issued under this secfion~
<br />· The term "interest" as used in this section iqcludes
<br />any pecuniary, interest in the Ownership, operation,
<br />manegem~nt or profits of'b retail liquor estab-lish-'
<br />menS, but does not lnclyde bona fide loans; bona fide
<br />fixed sum rental agreements; bona fide open ac-
<br />counts o~' other obligations held with or without'
<br />security arising out of 1he ordinary and regular
<br />course of business of selling or leasi~lg met--.
<br />chandise~ fixtures of supplies t? such establishment~:
<br />or an!nterest of 10 per cent or less in any corporation
<br />holding a license. A person who receive~ moneys
<br />from time to time directly or indirectly from a
<br />licer~ee, in the absence of a bona fide consideration
<br />therefor and excluding bona fide gifts.or donations,
<br />shall be deemed to have a pecuniary interest in such
<br />retail license. In determining "bona fide" the
<br />reasonable value of the goods or things received as
<br />consideration for' any payment-by the licentee.bh~-.
<br />~all other facts reasonably tending to prove 'or'
<br /> disprove the existence bf any purposeful scheme or
<br /> arrangement to evade the prohibitions of this section
<br /> shall be considered.
<br /> (h) Who, if a i:or poration, does not have a manager
<br />who is eligible pursuant to the provisions of .this
<br />section.
<br /> (i) Who is the sPouse of a persor~ ineligible for a
<br />license under paragraphs (d), (e) or (f) of this
<br />section who, in the iudgmentof the City Council is nbf
<br />the real ~oarty in interest or ben'eficial owner of the
<br />business operated, or fo be operated, under the
<br />license.
<br /> Section 10. Ineligibility for License. Existence of
<br />anyof the following conditions render any applicant
<br />ineligible for receipt of a' license:
<br /> (a) No license shall be granted, or renewed, for
<br />operatioq .on any premises, on which taxes,'
<br />assessments or other financial !:latins Of the city are
<br />deli~nquent and unpaid. In the event an action has
<br />been commenced pursuant to the provisions of
<br />Chapter 278, Minnesota Statutes, questioning the
<br />amount or validity of taxes, }he Council may, on
<br />application by the licensee, waive strict compliance
<br />with this prpvision; no waiver may be granted;
<br />however, for taxes or any portion thereof, which
<br />remain unpaid for a period exceeding one year after
<br />becoming due.
<br />' ~b) No license ?half. be granted fo a foreign~cor-
<br />potation.
<br /> (c) No license 'shall be issued for the premises
<br />
<br /> ) licensee shall sell, offer for sale, or keep for
<br />sale, intoxicating liquors In any original package
<br />Which has been refilled or partly refilled. No licensee
<br />shall directly or th'rough any other person dilute or
<br />
<br /> The above form shal
<br /> )f all licensees desiring to use ~he same and when'
<br /> properly executod may be considered as evidence in
<br /> any ~osecutlon and by the City Council In any
<br /> proceeding before the Council or .a committee
<br /> thereof relating to the business or operations of the
<br /> II~:ensae, Such forms after execution shall be kept on
<br /> file by the licensee for a per iud of one year. ~
<br /> Section 16. ~or Restrletto~s on Purchase or
<br />in any manner tamper with the contents at any : G~gmf~ffon.
<br />
<br />original package SO as to change its composition or
<br />alcoholic content while in the'original package.
<br />Possession on the premises by the lieensee of any
<br />intoxicating liquo[ in the original package differing
<br />in the composition or alcoholic content In the liquor
<br />whe~recerved from the manufacturer or whesesaler
<br />from whom it was purchased shall be prln/a facle
<br />evidence that the contents of the original package.
<br />has been dilutod, changed or tampered with.
<br /> (f) No sale at intoxicating liquor shall be made to
<br />or in guest rooms of hotels, unless the rules ef such
<br />hotels provide for the service of food In guest rooms;
<br />nor unless the sale of. s~ch Intoxicating liquor is
<br />made In the manner "on-sale" are required to be
<br />made; nor unless Such sale accompanies and is In.
<br />cident to the regular service of meals to guests
<br />therein; nor dnlbss the rules of ~uch hotel and the,
<br />description, location and number Of such guest
<br />rooms are fully set out in the.applicatiOn for a
<br />license. ' '
<br /> Section 12. Bond.
<br /> (a) At the time of filing an application for an "on-
<br />Sale" license, the applicant shall file a bond with
<br />corPOratesurety, wilh the city clerk. Such bond shall
<br />bo in lhe amount.of $5,000.00.
<br /> (b) The surety bond required by paragraph (a) of
<br />this section shall be subiect ~o the approval of the
<br />City Council.
<br /> (c) The [ur~ty on such bond shall be a surety.
<br />company duly licensed to do bus. tRess In the State of
<br />/V~innesota, and the bond shell be approved as to form
<br />andexecuflon by the city attornby. All surety bonds,
<br />when approved by the proper city Officers, shall be
<br />depOSited with the city clerk.
<br /> (d) All such bonds shall be condltlofled as
<br /> follows: .
<br />(1) The licensee will obey the law relating to
<br />the licensed business[
<br />(2) That the licensee will pay to the city when
<br />due all taxes, license fees, penalties and other
<br />charges provided by law.
<br />(3) That in the event of'violation of any law
<br />relating to the business for which the I fcense has
<br />~ bes~ granted for the sale of liquor, the bond shall
<br />b~forfeited to the city.
<br /> (e) All such bonds shall provide that Rs can.
<br /> cellation for any cause can be made either by the
<br /> bonding company or the applicant, without said
<br /> person first givinD 30 days written notice to the city
<br /> addressed to the city clerk, of Intention fo cancel the
<br /> bond.
<br />
<br /> Section 13. Liability Insuranee.
<br /> (a) Insurance Required.
<br /> Prior t0 the issuance of an '"on.sale" Liquor
<br />license, the applicant shall file with the city c~erk a
<br />liability insurance policy which shall b,e sub~ect to
<br />theapproval Of the City Council. The insurer on suoh
<br />liability insurance policy shall be duly Ilcensa~ to
<br />business in the State of Minnesota, and the Insurance
<br />policy shall be approved as to form and executton by
<br />the city afforney. Such liability insurance policy
<br />shall be in the amount of ndt less than
<br />cove~age for one perSOn and $1,000,000 coverage for
<br />morethan one person, and shall specifically I~ovlde
<br />for the payment by the insurance company on behalf
<br />of the Insured of all sums which the insured shall
<br />becomeobliged to pay by reason of llablllty imposed
<br />upon him by law for Injuries or damages t6 per,)ns
<br />other than employees, including the liability Im!0osed
<br />upon the Insured by reason of Section ~0;95, Min.
<br />nesota Statutes. Such liability ln~u~a~qc~,polJc~al~
<br />further provide that no cancellation for at~¥
<br />
<br /> (a) No person shall glvej sell, procure or purchase
<br />lnfoxlcat lng'liquor f~r any penson to whom the sa le of
<br />Int~xlcatlng liquor Is forbidEen by law. .
<br /> (b) No person shall mix or prepare Intoxicating
<br />liquor for "on-sale" consuml)tle~ in any public place
<br />not Ilceflsed In accordance with this cede and the
<br />laws of the State of Minnesota. '
<br /> Seeflon IT. Iq~evecatld~o The City Council may
<br />suspend or revoke an "on.sale" license for the
<br />violation of any provision or condition of thls~sacflon
<br />or of any si'ate law or federal law regulating in.
<br />toxlcefing liquor and shall revoke such license for
<br />any wilful violation which, under the laws of the
<br />state, Is grounds for mandatory revocation, an~d shall
<br />revoke for failure to keep the Insurance required by
<br />tsoflon 13 Of this ordinance in full force and effect.
<br /> Seal:ties 1~. Regocatlon Prece~Jre. Except in the
<br />case of a suspension pending a hearing on
<br />revocation° revocation or suspension by the Council
<br />shall be preceded by written notice to the Ilcensee
<br />and · public hearing. The notice shall give at least
<br />ten days notice of the time and place Of the hearing
<br />and shall state the general nalure of the charges
<br />against the licensee. The Council may wlthoul any
<br />notice, suspend any license pendlng'a hearing or
<br />revocatlo~ for a periOd not exceeding 30 days. The
<br />notice maybe served u~ofl the licensee personally or
<br />by leaving the same at Ihe licensed premises with the
<br />person in charge thereof. No suspension shall exceed
<br />the 60 days.
<br />
<br />. Section 19. License ¥~,~ea% Aq "on.sale" license
<br />expires June 30 next foll~vlng Its effective date. The
<br />fee for an "on.sale" llc~nse granted after the com-
<br />mencement of the I lcensly year shall be prorated on a
<br />mordhly basis, but fllerelsttall pe no prorating of fees
<br />on renewals or transfers.
<br /> S~.-tton 20. gn~ar/eMent ~#m~eflans or Extension
<br />of Premises. FYOl~eSed e~'dergement, alteration, or
<br />extension of premIa'es previously Ilcensod shall be
<br />reported to the city clark et.or before the time' ap.
<br />pllcatlon is mad~ for a building permit for any such
<br />chef,aa and the licensee shall also give such In-
<br />formation es is required by ~ection 4.
<br /> Section ~1. Ea(Iding flc~il~el. Any "on.sale"
<br />licensee within the corlx~te'beendarles of the' City
<br />of Ratmsey, hot~ihg a vetld "on,sale" liquor license
<br />on the eft'active date of this O~dlrmnce, which license
<br />was granted by an approptlote political subdivision
<br />of the State of Mlflnesota, shall be considered for the
<br />purposes of this. Ordinance ~o ha~e a valid existing
<br />license and sold licensee noN, el.not apply for a 'new
<br />license as provldecl In Sections 3, 4 and S herein. All
<br />other'--provisions of this Ordlnahceshall be applicable
<br />to said existing·licensee.
<br /> Sdlell~n 22. P'WSI#te4. Any person violating any
<br />provision of this ordtl~aflce shell be guilty of a
<br />misdemeanor, and upon convlotton thereof, shall be
<br />punished by a fine of not more then Three Hundred
<br />(S30O.0O) Dollars a~d imprtsonmonf for not more
<br />than 90 days.
<br /> Section 23. Efl~cffve I~d~e. This ordinance shall be
<br />In full force and effect from and after its publication.
<br /> Passed. by the City Council this 27th day of May,
<br />1975.
<br />-s- Arnold Cox
<br />Mayor
<br />Aflest:
<br />-s. Astrld Guy
<br />City Clerk
<br />abodefg h II kl mno~:ff~tu vg/t~ z
<br /> PubHst~l~ lfl,,aa'toKa~Co'. UniOn
<br /> J~l'ie,'6,19~$
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