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premises by tire or other catastrophe.
<br /> (2) e change in the legal status of the
<br /> municlpalily making it unlawful for a licensed
<br /> business to continue.
<br /> (3) lhe death of the licensee, managing part-
<br /> ner, or managing officer of the licensee.
<br /> (g) At the time of each original application for a
<br />license, except in the case of an "on.sale" club
<br />license, the.applicant shalt 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 /> (h) At any time that an additional investigation is
<br />required because 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 a mount as established
<br />tram time to time by city council resolution.
<br /> (i) Where a new application is filed as a result of
<br />incorporation by an existing licensee and the
<br />ownership control and interest in the license are
<br />unchanged, no additional license fee will be required.
<br /> Section 8. Granting of Licenses. The following
<br /> procedure shall be followed in processing ap-
<br /> plications for licenses under this section:
<br /> (a) All applications for a license shall be referred
<br /> to lhe chief of police, and to such other city depart-
<br /> ment as the City Council shah deem necessary, for
<br /> verification and investigation of the feels set forth in
<br /> theapplication. The chief of police shall cause to be
<br /> made such investigation of the information
<br /> requested in Section 4 as shall be necessary and shah
<br /> make a written recommendation and report to the
<br /> CityCouncil which shall include a list of all violations
<br /> of federal or state Jaw or municipal regulations.
<br /> (b) Upon receipt of the written report and
<br /> recommendation by the chief of police and at the
<br /> next regularly scheduled meeting thereafter, the
<br /> City Council shell instruct the city clerk to cause to
<br /> be published in the official newspaper 10 days in
<br /> advance, a notice of a hearing to be held by the City
<br /> Council, setting forth the day, time and place when
<br /> the hearing will be held, the name of the applicant,
<br /> thepremises where the business is to be conducted,
<br /> andsuch other information as the City Council may
<br /> direct. Within 45 days after the hearing, the Council
<br /> mayeither grant or deny the license. If the license is
<br /> granted the Council may withhold its issuance until
<br /> the applicant has qualified in all respects for the
<br /> license. If the premises to be licensed are not com-
<br /> plete at the time that the hearing is co¢~ducted, the
<br /> Council may grant the license but shall withhold its
<br /> issuance unlil the premises have been completed in
<br /> accordance with the representations made by the
<br /> applicant.
<br /> (c) No transfer of a license shall be permitted from
<br /> place to place or person to person without complying
<br /> with the requirements of an original application
<br /> except as provided by Section 7(h) and each such
<br /> transfer shall require the approval of the City
<br /> Council and the liquor control commissioner.
<br /> (d) The clerk shall, within 10 days after the
<br /> issuance of any license under this section, submit to
<br /> fha liquor control commissioner the full name and
<br /> address of each person granted a license, the trade
<br /> name, the effective license date, and the date of
<br /> expirationof 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 license period.
<br /> Section 9. Person ineligible tar License. No license
<br /> shall be granted to or held by any person:
<br /> (a) Who ts ineligible under Minnesota Statutes,
<br /> Chapler 340.
<br /> (b) Under 18 years of age.
<br /> (c) Who is not of good moral character and repute.
<br /> (d) Who is note citizen DJ the United States.
<br /> (e) Who, within five years prior to the application
<br /> for such license, has been convicted of any violation
<br /> of any law of the United States 6r the State of Min.
<br /> nesola, or any ideal ordinance with regard to the
<br /> manufacture, sate, dJstrJbution~ or possession for
<br /> sale or distribution of intoxicating liquor or whose
<br /> liquor license has been revoked for any violation of
<br /> any such laws or ordinances.
<br /> (f) Who is a manufacturer or wholesaler of in-
<br />
<br />toxicatlng'Jiquor 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 directly or indirectly holds an interest in.
<br />anyother establishment in the city to which a license
<br />of 1he same class has been issued under this section.
<br />The term "interest" as used in this section includes
<br />any pecuniary interest tn the ownership, operation,
<br />management or profils of'a retail liquor establish-
<br />ment, but does not include bona fide loans; bona fide
<br />fixed sum rental agreemenls; bona fide open ac-
<br />counts or other obligations held with or without
<br />security arising out Of the ordinary and regular
<br />courSe of business of selling or I~asi~g mar-'
<br />chandise, fixtures or supplies to such establishment;
<br />or eninterest of 10 percent or tess in any corporation
<br />holding a license. A person who receives moneys
<br />from time to time directly or indirectly from a
<br />licer~.see, in the absence of a bona fide consideration
<br />therefor and excluding bona fide gifts or donations,
<br />shall be deemed fo have a pecuniary interest in such
<br />retail license. In determining "bona fide" the
<br />reesonabte value of the goods or things received as
<br />consideration for any payment by the licensee and
<br />all other facts reasonably tending 1o prove or
<br />disprove lhe existence of any purposeful scheme or
<br />arrangement toevade the prohibitions of this section
<br />shall be considered.
<br /> (h) Who, if a corporation, 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 person ineligible for a
<br /> license under paragraphs (d), (e) or (f) of this
<br /> seclion who, in the judgment of the City Council is not
<br /> the real party in interest or beneficial owner of the
<br /> business operated, or to be operated, under the
<br /> lic6~qse.
<br /> Section tO. Ineligibility for License. Existence of
<br /> anyof the following conditions render any applicant
<br /> inelkjible for receipt of a license:
<br /> (a) No license shall be granted, or renewed, for
<br /> operation on any premises, on which ~axes,
<br /> assessments or other financial claims of the city are
<br /> delinquent and unpaid. In the event an action has
<br /> been commenced pursuant to the provisions of
<br /> Chapter 278, Minnesota Statutes, questioning lhe
<br /> amount or validity of taxes, the Council may, on
<br /> application by the licensee, waive strict compliance
<br /> with this provision; no waiver may be granted;
<br /> however, for taxes or any portion thereof, which
<br /> rermain unpaid for a period exceeding one year after
<br /> becoming due.
<br /> (b) No license shall be granted to a foreign cor-
<br /> poration.
<br /> (c) No license shall be issued for the gremises
<br /> owned by a person to whom a license may not be
<br /> granted under this seofion, except that a license may
<br /> be issued if the owner of the premises is a minor,
<br /> alien, or a person who has been convicted of a crime
<br /> other than a violation of Minnesota Statutues, Sec-
<br /> tions 340.07 through 340.39.
<br /> (d) No license shall be granted for any place which
<br /> has a common entrance or exit between any two
<br /> establishments except that a public concourse or
<br /> public lobby shall not be construed as a common
<br /> entrance or exit.
<br /> (e) No "on-sale" license shall be granted for a
<br /> restaurant which does not comply in a II respecls with
<br /> thedefinition of a restaurant as contained in Section
<br /> 1, nor to any restaurant which does not have a total
<br /> market value, including land, building and equip-
<br /> ment, of at least $200,000 as appraised by the City
<br /> Assessor and based upo~ current valuations.
<br /> (f) No"on-sate" license shall be granted for a hotel
<br /> which does not comply in all respects with the
<br /> definition of a hotel as contained in Section 1 herein.
<br /> (g) No "on-sale" license shall be granted
<br /> restaurants or hotels unless lhey are located in a
<br /> genecal commercial area.
<br /> Section I1. Conditions Governing issuance, The
<br /> following conditions govern issuance of a license
<br /> pursuant to this section:
<br /> (a) Every license shall be granted subject to the
<br /> provisions of Ibis seofJon and of any other applicable
<br /> ordinance or law including Chapter 340 of Minnesota
<br /> Stalutes.
<br />
<br />(b) The license shall be posted in a conspicuous
<br />place in the licensed premises at alt times.
<br /> (c) Every licensee shah be responsible for the
<br />conduct of his place of business and for the conditions
<br />of sobriety and order Jn the place of business and On
<br />the premises.
<br /> (d) No "on-sate" licensee shall sell intoxicating
<br />liquor "off-sale".
<br /> (e) No license shall be effective beyond the
<br />building space shown in the license application for
<br />such license.
<br /> (f) No person under '18 years of age shall be em-
<br />played in any rooms constituting the place in which
<br />intoxicating liquors are sold at retail "on-sale",
<br />except that persons under 18 years of age may be
<br />employed to perform theduties of a bus boy or dish-
<br />washing services in hotels or restaurants licensed
<br />under the provisions of this section.
<br /> (g) No intoxicaling liquor shall besold or furnished
<br />or delivered to any intoxicated person, to any
<br />habilual drunkard, to any 'person under 18 years of
<br />ageor to any person to whom sate is prohibited by
<br />state law.
<br /> (h) No licensee or any of his employees shall keep,
<br /> possess, or operate or perm it the keeping, possession
<br /> or operation of any slot machine, dice, or any
<br /> gambling device or apparatus on the licensed
<br /> premises, or in any room adjoining the licensed
<br /> premises, nor shall any such person permit any
<br /> gambling lherein.
<br /> (i) No licensee or any of his employees shall
<br /> knowingly permit lhe licensed premises or any room
<br /> in those premises or any adjoining building directly
<br /> or indirectly under his control to be used as a resort
<br /> for prostitutes.
<br /> (i) Any police officer, health officer, sanitarian,
<br /> building inspector, or any properly designated of-
<br /> ricer or employee of the city shall have the right to
<br /> enter, inspect, and search the premises of the
<br /> licensee during business hours without a warrant,
<br /> however, in the event anoccupant of a room in the
<br /> hotel portion of the licensed premises shall refuse
<br /> entry to any police officer, health officer, sanitarian,
<br /> building inspector, or any properly designated of-
<br /> ficer or employee of the city, on the basis that the
<br /> time of the inspection is not a reasonable one and
<br /> does not in fact allow lhe representative of the City
<br /> entry to such portion of the premises, then the
<br /> representative of the City shall request a search
<br /> warrant from a court of appropriate jurisdiction.
<br /> (k) No "on-sale" liquor establishment shall
<br /> display liquor to the public during hours when the
<br /> saleof liquor is prohibited by this ordinance, and no
<br /> "on.sale" licenseeshall sell intoxicating liquor "off-
<br />
<br /> (I) Nolicensee shall apply for or possess a Federal
<br /> Whosesale Retail Liquor Dealer's speciai tax stamp
<br /> or a federal gambling stamp.
<br /> (m) No equipment or fixture in any licensed place
<br /> shall be own~d in whole or in part by any
<br /> manufacturer or distiller of intoxicating liquor ex-
<br /> cept such as shall be expressly permitted by State
<br />
<br /> (n) The retail sale for beverage purposes of ethyl
<br /> alcohol or neutral spirits, or substitutes lherefor,
<br />
<br /> generally attributed to ethyl alcohol or neutral
<br /> spirlta, as such, is hereby prohibited. Nothing in this
<br /> paragraph shall be construed to prohibit the sale of
<br /> other productsobtained by the useof ethyl alcohol or
<br /> neuiral spirits as defined in U.S. Treasury Depart-
<br /> mont, Bureau of Internal Revenue, Regulations 125,
<br /> Article Ih Standards of Identity for Distilled Spirits.
<br /> (o) The business records of the licensee, including
<br /> Federal and State Income Tax returns, shall be
<br /> available for inspection by the City Council or other
<br /> duly authorized representative of the City at all
<br />
<br /> (p) Changes in the corporate or association of-
<br />
<br /> be, shall be submiHed to the city clerk within 30 days
<br />
<br /> potation, the licensee shall notify the city clerk when
<br /> a person not listed in the application acquires an
<br /> interest which, together with that of his spouse,
<br /> parent, brother, sister or child, exceeds 5 percent,
<br />
<br />
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