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YER'S AFFIDAVIT OF PUBLICATION <br /> <br />(Chupter 474, Effective May 20, 1965) <br /> <br /> Coded as MS 331.02 <br /> <br />STATE OF MINNESOTA ) <br />County of Anoka ) ss <br /> <br />F. G. Clasen ~ being duly sworn, on oath says he is and during <br />all the times herein stated has been the editor ~k~z~ak:~ o£ the news- <br /> <br />and clubs as defined in this Ordinance. All sales of <br />liquor by such establishments shall be in accordance <br />wilh M.S.A. 340.14, subd. 5. <br /> Section 3. Applications for License to be Verified. <br />Every application for an "on-sale" license shall be <br />verified and filed with the city clerk. <br /> Section 4. Contents of Application. In' addition to <br />information which may be required by the state <br />liquor confrdr. COmmissioner, the.application shall <br /> <br /> (al Whether the applicant Is a natural person, <br />corporation, partnership or other form of <br /> <br /> (bi If the applicant is a natural person, the <br />fallowing informalion shall be furnished.: <br /> (1) The true name, place and date of birth, and <br /> street residence address of applicant.. <br /> (2) Whether applicant has ever used or been <br /> <br /> formation concerning dates and places where <br /> <br /> (3) The r~ame of the bu~siness if it' Is to be <br /> other than the full individual name of the ap- <br /> <br />is required to file a ce'rtificate as to a trade name <br />under the provisions of Chapter 333, Minnesota <br />Statutes, a copy of such certificate certified by the <br />Clerk of District Court shall be attached to the ap- <br />plication <br /> (d) If the applicant is a corporation or other <br />organization and is applying for an "on-sale" <br />license, the following information shall be furnished: <br /> (1) The name and state of Jncorporatlen. <br /> (2) A true copy of the certificate of <br /> corppration, articles of incorporation or <br /> association agreement and by-laws. <br /> (3) The name of the manager or proprletoi' or <br /> other agent in charge of the premises to be <br /> licensed, giving all the information about said <br /> person as is required of a single applicant in <br /> Paragraph (bi above. <br /> - (4) A list of all natural persons who, single or <br /> together with their spouse, or a parent, brother, <br /> sister or ch i ld of either of them, own or control an <br /> interest in said corporation or a~sociation in <br /> excess of 5 percent, and who are officers of said <br /> corporation or association, together with their <br /> addresses and all other information required of a <br /> single applicant in Paragraph (b)'ahove. <br /> <br /> (k) Whether or not all relevant property' taxes for <br />thepremises tobelicensed havebeen paid and, if not <br />paid, the years for which delinquent and the amounts <br />which are unpaid. <br /> (0 Whenever' the application for an "0n-sale" <br />license, or for a transfer thereof, is for premises <br />either planned or under construction or undergoing <br />substantial alteration, the application shall be ac- <br />companiedby a set of preliminary plans showing lhe <br />design of the proposed premises to be licensed. If the <br />plam ordesign are on file with the Zoning Officer, no <br />plans ne~d to be filed with the city clerk. <br /> (mi Such other information as the City Council <br />shall redu[re. <br /> Section 5. Execution of Application. If the aP- <br />. plication is'by a natural pe(son, it shall be signed and <br />sworn to by such person; if by a corporation, by an <br />officer thereof; if by a parthership, by one of the <br />partners; if by an unincorporated assocation, by the <br />manager or managing officer thereof. If the ap- <br />plicant is a partnership, the application, and any <br />license, bond or insurance policy shall be made and <br />issued in the names of all the partners· <br /> Section 6. Renewal Application Applications for <br />the renewal of an existing license shall be made at <br /> <br />owned by a person to whom a license may net be- <br />granted under this section, 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 />othe~ than a violation of Minnesota Statutues, Sec. <br />lions 340.07 through 340.39. <br /> (d) No licenseshall be granted for any place which <br />has a common entrance o!~ exit between any.t~O <br />establishments except that a public 'concourse or <br />public lobby shall not be cohstrued as a common <br />entrance or exit. <br /> (el No "on-sale" license shall be granted for a <br />restaurant which does not comply In all respects with <br />thedefinition of a restaurant as contained in Section <br />I, nor to any restaurant which.does net have a total <br />market value, including lend, building and. equip. <br />menS, of at least $200,000 as appraised by the City <br />Assessor and based upon current valuations. <br /> (fi Nq"(~n-sale" 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 /> (gl No "on-sale" license shall be granted <br />restaurants or hotels unless they are located in a <br />general commercial area. <br /> Section 11. Conditions Governing Isseel~ce. The <br /> <br /> 'plicant. <br /> (4) Whether applicant is married or single; if <br /> married, true name, place.and date of birth and <br /> street residence address of applicant's present <br /> <br /> (Si Street addresses at which applicant and <br /> present spouse have lived du~ing the preceding <br /> <br /> (6) Whether applicant or his spouse has ever <br /> bee~ convicted of any felony, crime, or violation <br /> of any ordinance, other than traffic. If so, the <br /> applicant shall furnish information as to the <br /> time, place and offense for which-convictions <br /> were had. <br /> (7) Whether applicant or his spouse or a <br /> parent, brother, '~ister or child of either of them <br /> has ever bebn .engaged in operating a saloon, <br /> hotel, rests u.rant, cafe, tavern, or other business. <br /> eta similar hature. If so, applicant shall furnish <br /> information as fo the ti~ne, place and length of <br /> time. <br /> (8) Whetl~er applicant has ever been in <br /> military sar. vice. If so, app!icanl shall, upon <br /> request, exhibit all discharges. <br /> (9) The name, address and business address of <br /> each person who s engaged n M nnesofa in the <br /> business (~f yelling, manufacturing or <br /> distributing intoxicating liquor and who is <br /> pearec of ki~ to the applicant or'his sPouse than <br /> Second cousip,-whefher of whole Or haJf blood, or <br /> who is a br0ther-in-law .or sister-jn-laYv of the <br /> applicant or his spouse, <br /> (c) I f lhe applicant is a partheFship, the names and <br />addresses of all partners and all information c, en. <br />cerning each partner as is 'required of a single ap- <br />plicant in Paragraph (bi above. A managing part- <br />~er, or partner,s, shall be designated. The interest of <br />each partner in the business shall be disclosed. A <br />true copy of the partnership agreement shall be <br />submitted with the application and if the partnership <br /> <br />(Notarial Seal) <br /> <br /> (el The exact legal description of the premises to <br />be licensed together with a plot plan of the area sh- <br />owing dimensions, location of buildings,, slreet ac. <br />tess, parking facilities and the locations of and <br />distances to the nearest church building and school <br />grounds. <br /> (fi The floor number and street number where the <br />· 'on-sale" sale of liquor is to be conducted and the <br />rooms where liquor is to be consumed. An applicant <br />for an "on-sale" license shall submit a floor plan Of <br />thedining room, or dining rooms, which wilrl be open <br />to the public, shall show dimensions and shall in. <br />dicate the number of persons intended to be served in <br />ea~:h of.said rooms. <br /> (gl If a permit from the Federal Government is <br />required by the laws of the United State~, whether or <br />not such permit has been issued, and, if so required,. <br />in what ~ ale issuec, and the nature of the permit· <br /> (hi The amount o~ the investment that the ap- <br />plicanf has in the business, building, premises, <br />-fixlures, furniture, stock in .trade, etc. and proof of <br />the source of such money· <br /> (ii The names and addresses of all persons, other <br />thantheapplicant, who haveany financial interest in <br />the business, buildings, premises, fixtures, fur- <br />niture, stock in trade; the nature of.such Interest, <br />amount thereof, terms for payment or bther reln~- <br />bursement. This shall include, but r~ot be limited to, <br />any leases, I essots,morfgagees, mortgagors, lenders, <br />lienholders, trustees, trussers and persons who have <br />ce.signed notes or otherwise loaned, pledged, or <br />extended security.for.'any indebtedness of the ap- <br />plicant. <br /> (ii The namesl res['dences and ~business addresses <br />of three p?rsons, _residents of the State of Minnesota, <br /> <br />leest 60 days prior to the date of.the.expiration of the <br />license and shall be made in such abbreviated form <br />asthe city council may-approve. If, in the judgment <br />of the council, good and sufficient cause is shown by <br />any applicant for his failure to file for a renewal <br />within the time provided, the council may, if the <br />other provisions of this section are complied with, <br />"waNe this requirement and.grant the application. <br /> Seclion 1. License.Fees. The following'provisions' <br />control as to'license fees and related subjects: <br /> (al The annual license fee for an "on.sale" license <br />shall be four thousand ($4,000.00) Dollars· <br /> (bi The annual license for a special Sunday "on- <br />,ate'' license shall be two hundred ($200.00) Dollars. <br /> (ct The annual licer~se feetshall be paid in full <br />before the application for a license is accepted. All <br />feesshall be paid info the~eneral fund of the City. All <br />licenses shall expire on the last 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 theCity Council, the license fee shall <br /> be refunded to the applicant. .~ <br />(d) The fee for an "on-sale" license scanted.after <br />(he commencement of the license year shall be <br />prorated on a monthly' basis, <br />(el When the license is for a premises where the <br />building is not ready for occupancy, the time fixed <br />for computation of the license fee for the initial <br />license period shall be ninety days after approval of <br />the license by the City Council or upon 1he date the <br />building is ready for occupancy, whkchever is sooner, <br />(fi NO part of the fee p.aid for an~/~license issued <br />hnder this ordinance shall be refunded except in lhe <br />following instances upon application to the Council <br />within 30 days from the happening of the event. The <br /> <br />of good moral <~haractbr, not related to the applicant Council may in its judgment refund a p~'o rata per- <br />or financially interested in the premises or business,.' fionof the fee for the unexpired period of the license, <br />wHomay be referred'to ~i~,'the applicant's character computedon a monthly basis, whEn operation of the <br />or, in the case Where information is required of a icensdd business ceases not less than one month <br />manager, the manager's character. . before expiration of the license becaus,e, of: <br /> <br />following conditions govern Issuance of a Ilcenea <br />pursuant to this section: <br /> (al Every license shall be granted subject to the - <br />provisions of this section and of any other appllc, able <br />ordinance or law including Chapter 340 of Minnesota <br />Statutes. <br /> (bi The license shall be posted in a conspicuous .r <br />place in the licensed premises at all times; <br /> (ct Every licensee shall be. respen~lble for the <br />conduct of his place of business and for the condltlo_ns <br />of sebriely and or.der in the place of business and on <br />the premises. <br /> (d) No "on-sale~' licensee shall sell Intoxicating- <br />liquor "off-sale". · <br /> (el No license shall be effective beyond the <br />building sPa~ce shown in the license application for <br />such license. <br /> (fi No person under 18 years of age shall be am- <br />played in any rooms constituting the plat& 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 thedufies of a bus boy or dish- <br />washing services in hotels or restaurants licensed <br />under the provisions of this section. <br /> (gl No intoxicating liquor shall be sold or furnished <br />or delivered to any intoxicated person, to. any <br />habilual drunkard, tp any 'person under 18 years of <br />ageor to any person to whom sale [s prohibited by <br />state law. <br /> (hi No licensee or any of his.employees shell kee~ <br />pessaes, or operate or permit 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 per'mit any <br />gambling therein. <br /> (0 No licensee or any of' his employees shall <br />knewingly permit the licensed premises or any room <br /> <br />can be made either by 'the Insured or the insurance <br />company without first giving 10 days notice fo the <br />City In writing of Intention to cancel the same, ad- <br />dressed to the city clerk. Furrner, it shell provlde <br />]hat no payment of any claim by the Insurance <br />company shall, In any mariner, decrease the <br />coverage provided for In respect to any other claim <br />or clalm, s brought against the insured or company <br />thereafter. Such policy shall be condition.ed that the <br />Insurer shall pay, to the extent of the principal <br />amount of the policy, a~ly damages for death or In- <br />lurycaused by, or resulting from the viol.etlon bf any <br />lawrelatlng to the business for which such Ileense <br />has been granted. The licensee and the City shall be <br />· named aa Joint Insureds on the liability Insurance <br />' P°l&'~ion 14. Hour, of ~t~eratlon. ., <br /> (al No 'on.asia' of intoxicating' liquor shall be <br /> made attar 1:00 a.m. SUnday, nor until S:00 a.m. <br /> Meaday, nor between the hours df h00a.m, and 8:00 <br /> p.m. on the day of any stetewlde elecfl~. No <br /> sale'' shall be made between the hours of 1:00 a.m. <br /> and 8:00 a.m. on any weeRday. <br /> (bt Special Sunday "on.sale" liquor licenses. <br />' Hote{s~, restaurants end club~r having special Sunday <br /> "on.sale" .liquor licenses may serve Intoxicating <br /> liquor between the hours of 12:00 noon and 12:00 <br /> mlEnlght on Sunday, notwithstanding the provisions <br /> of paragraph (al above. <br /> Section is. Restrloflon~ Invelvlt~ Sefa to' Minors. <br /> (al No person shall give, sell, procure or purchase <br /> lnte~lcatlng liquor to or for any person to whOm.the <br /> saleof Intoxicating liquor Is forbidden by law; nor <br /> shall a licensee, or his Stent or employee, permit <br /> such person to be furnlehed or consume any such <br /> liquors on the licensed premlses. <br /> (bi No per,On under 18 years of age shall <br /> misrepresent his dee for lhe purpose of obtaining <br /> Intoxicating liquor nor shall he enter any premises <br /> licer~ed for the retail sale of Intoxicating liquor for <br /> the purpose of purchasing or having served or <br /> <br /> ~.~.~. ~. -~, .~AbusinessmUnicipality makingto continue. ,, unlawful for a licensed <br />·. · .. (3) the death of the licensee,' managing/part- <br /> ner, or managing officer of thd li~:ensee. <br /> (gl At the time of each original application for a <br /> ~A.A/Vv',.AA2.A/v\AAAAA/.~A/u¥,/J~,A/'~,%~'\.' license; except .in the case of ar1 "on-sale" club <br /> ~..u.~,:'< GR;\C~ M. FREDRJCKS( <br /> licer~sa, t he.applicant shall pay in full to the ci~ clerk <br /> ~';,, ~-;~ HOT^RY PI ~1 lC - !.'.IHI~$~ aninvestigetingfeeasestablishedfremtimefotime <br /> <br /> r.,fy Comm. Expires !'Jar· 4, 1 <br /> <br />in those premises or any adjoining building directly . delivered tohlm torcoosurnIng any such Intbxlcatlng <br /> <br />(1) destruction or damage of the licensed or indirectly under his control to be used as a resort IJquor~ nor shall any such'por~r~ purchase, attempt <br />pr~emise~ by ._f~.e_.or~other ca_tastrophe.. , ~_ . for prostitutes, to purchase, conaume~ or have another person <br /> (2) a change in th& legal status "of lhe -~(i) Any police officer,, health officer, sanitarian, ~ porchaee for him any Intoxicating liquor. <br /> building inspector~ or any properly designated of. (ct No person under 1S years o! age shall receive <br /> ricer or employee o~ the city shall have the right to delivery of intoxicating liquor. <br /> ,enter, inspect, and search the premis~es Of the (d) NO person, shall Induc~ ~ person uhder <br /> licemee during business hours without a warraflt, of 18 years' to purchase or procure off ol~leln in. <br /> however, in the event an occupant of a room In the ' foxlcaflng liquor. <br /> hotel, portion of th~llconsed premises shall refuse ~ (eJAnypersonwhomayappear to the llcensee, hls <br /> <br />entryto any police officer, health officer, sanitarian, <br />building inspector, or any properly designated of. <br />ricer 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 the 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 0f 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 nb <br />"on-s~,le" licenseeshalt sell intoxicating Ilquor "off- <br /> <br /> (I) No licensee shall apply for or possess a Federal <br />Whosesale Retail Liquor Dealer's special tax stamp <br /> <br />employees or agents to be.under Ihe age of 1S shall, <br />upondemand of thO licensee, his employee or agent, <br />produce and permll to be examined an Identification <br />certificate issued by any clerk of the District Court in <br />the State of Mlnneaeta pursuant to Section 626.311 <br />through 626.319, Minnesota erasures. <br /> (ti In every prosecution for a violation of the <br />provisions of this ordinance relating to the sale or <br />furnishing of intoxicating liquor to parsees under the <br />ageof 18 years, and In every peoceedlng before the <br />City Council with respect thereto, the fatct that the <br />mleor Involved h~ o~atned and presented to' the <br />licensee, his employee or agent/ a verified lden. <br />tlflcallon card Iss0ed by the clerk ef any District <br />Court In the State of Mlnnaseta~ from which If ap. <br /> <br /> or a federal g~mbling stamp, paamthatmsald pe~son wad 18 years of age and was <br /> (mt No eqqipment or fixture in any licensed place, regularly Issued such Id~tlflcaflon card, shall be <br /> shall be owned in whole or In part by any 'primafacleevldencethatthellcensee, hlsagentor <br /> manufa.cturer or distiller of intoxicating liquor ex- ~ employee Is not I~,ullty Of a,vlolatlon of such a <br />ceptsuch as alkali be expressly permitted by State Provision and shall bo c~qcl~lve evidence that a <br />Law. violation, If one has occurred, was not wilful o~ In. <br />· (n) Tl~e retai! sale for beverage purposes et'ethyl tensional. <br />alcohol or neutral spirits, or substitutes therefor, (gl Any pers~lwho re'ay at3pear to the licensee, his <br />· possessing the taste, aroma, and ch, aracterlstlcs employee or agent to be under 18 years of age and <br />generally attributed to ethyl alcohol or neutral whodeesnothavelnhls, p4~ee~loRanyIdentlflcatlon <br />spirits, as such, is here'by prohiblted. Nethlng In this corllflcate es above ~crlbed, may sign and execute <br />paragraPh shall be construed to prohibit the sale of a statement In wrl,tl.ng <br />other products obtained by the useof ethyl alcohol or I~¢A1%1'~¥ I~IME ~IGNING <br />neutral spirits as defined In U.S. Treasury Depart. The following are excerpts from the Laws of the <br />meot~,Bureau of Internal Revenue, R~gulatlons 125, State of Minnesota, Section 340.731 M[r. nesota <br />:::A~tic/e~Jl~,~tandards.?f4dentlty for Distilled Splrlte. Statutes~ Minors, Forlaldden Acts or Stalemefds.;' <br />'(0) T~e business records of the licensee, Including "11 ehall be unlawful for: <br />Federal and State Income Tax returns, shall be Any person to misrepresent or misstate his ~' her <br />available for inspection b~' the City Council or dther age, or the age of any other parsee for the purpose of <br />dUtY/ authorized representative of tho City at all inducing any IIc~lsee, or any employee of any <br />reesenable times. · Ilceneee, or any emptoyea of any mun[clpel liquor <br />(pi Changes in the corporate or association of- store, tosell,$erveordellveranyalcohollcbeverage <br />fleers, corporate charter, articles of Incorporatlot% to a minor; <br />by-laws or partnership agreement, as the case may AMInor to have In his posseselan any intoxicating <br />be, shall besubmiffed to the city clerk wlt~ln 30 days liquor with Intef~t to censume same at a place other <br />after such. changes are made. In lhe case of · car. than the h~Jsehold of his parent or guardian." <br />porafion, the licensee shall notify the city clerk when VIOLATION OF THE ABOVIE MINNESOTA LAW <br />a person nat listed In the application acquIree an IS A DISDEMEANOR PUNISHhBLE BY A FINE <br />interest Which, together with that of hie speuee, OF 13~0.00 OR, A 90. DAY IBAPRISONN~ENT OR <br /> parent., brother, sister or child, exceeds S percent, i BOTH. ' <br /> andsha[I give all information abeut said person as Is ~ Myoge Is .... ; .................. <br /> <br />by cily council resolution. NO investigating fee shall <br />be refunded. <br /> (hi 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 liconsed, the licensee shall pay an ad- <br />ditional investigating fee in an amount as established <br />from time to time by ~:ity council resolution. <br /> "(ii 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 feewill be required. <br /> Sedion Ii. G~an~ng of Licenses. -The following <br />procedure shall be foltewed in processing ap- <br />plications for licenses under this section: <br /> (al All applications for a license shall be referred <br />to the chief of police, and to such ~ther city depart-. <br />me[pt as the City Council shall deem necessary, for <br />ver~ication and ~nvesfigatien of the facts set forth in <br />theapplicatien. The chief of police shall cause to be <br />made such investigation of the information <br />req[msted in Sectien z~ as shaU be necessary and shah <br />make a written recommendatien and report to the <br />CityCouncil which shall include a Iisi of all violations <br />of federal or ,state law qr municipal reOulafions. <br /> (bi Upon receiPt of the written rePOrt and <br />recommendation '.~y.": the' :~hie. f of pelice ~nd..'at 'the <br />'n~eA~egiJl,~YJ'~'~:du'l~l~;rh~tin~' fher~a'ff~'r, :~he' <br /> ci~Cou'ncil shal~i~'t~'Dct the city clerk to 0~use'to <br /> be published in the official newspaper 10 days in <br /> advanc,e,:a notice eta hearing tO be held by the City <br /> Council,~etting forth the day, time and place when <br /> the hearing will be held~ the name of the applicant, <br /> thepremises where the business i~ 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 respect~ for the <br /> license. If the premises'to be licensed are not com- <br /> p~e(e ~t the tithe that the hearing is conducted, the <br /> Council may grant the license but shall withhold its <br /> issuance until the premises .haye been completed in <br /> accordance with the representations made by the <br /> applicant. , <br /> lc) NO transfer of a license shall be permitted from <br /> <br /> required of a person pursuant to the provlslons of'.' Datepf Birth ................................. ' ....... <br /> ' Section 4 of this ordinance. . ~ Placeof Birth ...................................... <br /> (q) At the time a licee, eee submits his apl~ilcatl~n Myaddress is ......... .................. <br />place to place or person to person without complying fora license or for renewal of a license, he shall state Dated ...................... ' ......... ..., ~ ........... <br />with the require.m.e~t~s of ~an or~igin_a.l~appli~caJion~ the nature and amount of any contribution or can- .. T~poof Idenflflcatlofl .............................. <br />'e~ot~;s"l~r~i~'b~y ~ti~'~'7~h)~n:~ ~e~,~:-h~ Such '. tributiOns tie has' mad. e~!n tb'e p~l~eading five .years Witness ............................................ <br />lransfe~' shall require the approval of= the: City forslateandlocalpolitical~:a.rnj3aign.sor ~Or pell~lcal' ~l~Cl .......................................... ~ - <br />Council and the liquor control commissioner, purpos, es, the person to whbm the contrlbufl,ofl wes <br />(d) The clerk shall, within 10 days 'after the madeand the person or organization for whom In. I <br />issuance of any license under this §ection, submit to tended. <br />the liquor control commissioner the full flame and (ri Restauran/s and hotet~ shall display a ~ign <br />address of ~a_ch.~erso..n granted a licen~se, lhe trade:, calling; ,altontlon. to lhe'open baffle lavg~.~ . <br /> <br /> <br />