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ORDINANCE NO. 75-7
<br /> RELATING '~O ~'HE LICENSING
<br />AN ORDINANCE ~.,c HUE AND sALE OF
<br />AND REGULATING /tie ~"
<br /> ¢l~e Council of Ihe C~Y ut RamSaY do ordain as
<br /> have
<br />~o~0~;
<br /> ~he ~eanings aser~ed to them in ~his sectiom
<br /> includes etnY~ alcOhOl and ~cludeS Oisii~l~' let-
<br /> vinous and ma~ beverages
<br /> ~ent~, sPirHous'
<br /> containing ~ excess ~ 3'~ ~e~ce~ o~ alcohO~ by
<br /> weigh%
<br /> (bi -sale" and "sell'~ and "sold" means
<br /> iOcl¢i~ such turnishing in v[efation or evasion of
<br /> law. he ~erm ,,reslaUragt" m?~1% any establish-
<br /> (c) T . . ,~ con,roi of a stag proprietor or
<br /> meal un~e~ ,,]~ o date ~acHities to serve
<br /> meals,tar seahng- .... s having a total dining
<br /> in o~ or more dining rooms
<br /> area of al toast 2,5~ squ~e teeL end w~ere in
<br /> therefore, meals are
<br /> consideration of payment the general public, and
<br /> whlCh employs an adequate slatf for the usual and
<br /> regularly served a~ tab[~ to the 9rincipal part of
<br /> avl*able service to its gueStS and
<br /> is the serving of fo~s.
<br /> thebusineSSOl which and includes any
<br /> rd) ~he 1erin ,,hotel" means
<br /> establlshme~t having a ?sJde~t p~opriefor or
<br /> ma~ger where, in conslderahon of p~yment
<br /> lher~Or, tend and Judging are regularW (urrosh~ 1o
<br /> lra~ientS, which maintains for 1he use of its guStS
<br /> r~ms w[lh bedding and other
<br /> no~ less than ~ guest ~urnishings tn each
<br /> usual, suitable, and necessary
<br /> *he main entrance with a
<br /> ~oom, which is provided al the r~iSt~ation of
<br /> ils gueSls o~ lhe grOUnd ¢oor~ WhiCh employ an
<br /> suitable $obbY, desk and at,ice for service,
<br /> ad~Uale staff 1o provide suitable an6 usual
<br /> which maintains under the same management
<br /> and rest of the establishment and has,
<br /> and control as 1he
<br /> a r of the business'
<br /> integral part ther~t, estaurant.
<br /> asen The term -principal part
<br /> (el 40 percent eJ grOSs
<br /> if) The term -on-sale' means the sale of in-
<br /> toxicating liquor by ~he glaSS, or bY the drink
<br /> on the premis~ onlY.
<br /> c~mmption ~,oft-sale" means the sale ut
<br /> (gl The term
<br /> 1oxicating llquor tn the original package in retail
<br /> sto~ for co~suro~tiOn of~ or away from the
<br />
<br /> g~emises where said.
<br /> ~1io~ 2. LicenSe Required
<br /> ri.sale License
<br /> (al O t wholesalers or manufacturerS,
<br /> No ~e~son, excep
<br /> to I~ extent aulhof[zed under state license, shaU
<br /> dirtily or indirectly dee[ in, sell, or keep fo~ sale
<br /> a~Y intoxicating liquor tar ,,o~.sale" sale without
<br /> tjrst having received a licen~ to do so as provid~ in
<br /> ~, ,, licenses shal~ be issued onW
<br /> thisseCtiO~. On.sale defined in Section 1
<br /> to hefe~s and restaurants as
<br /> herein·
<br /> (bi spedal sunday On. Sa~e Licenses. SpeCial
<br /> sale licenses Jar the sate of intoxicating liquor oB
<br /> Sunny shal~ be issu~ onW 1o hotels and ~estau~antS
<br /> . in this ordinance. All sales of
<br /> and clubs as defined
<br /> t[q¢ by such e~tablishmen~S shell be in accordance
<br /> 340.1~, subd. 5.
<br /> with M.S.A. Applications tar License ~o be Verified.
<br /> enSes~tion 3, shall be
<br /> verii~ed a~d fded wdh the cfly cler~ '
<br /> ~ctiOn 4. contenlS ut Apptical~On. In additlo~ to
<br /> [nlo~maHon which may be r~ui~ed by the state
<br /> l[q~ control commiSSiOner, the applicatiO~ shall
<br /> state: applicant is a natural person,
<br /> (al Wheiher the or ot~er turin of
<br /> cor~elio~, per lnershiP
<br /> organization·
<br /> (bi if the aPPgcent is a natural person, the
<br /> infOrmaHon shall be furnished:
<br /> t°[i~ing true ~ame, p~ace nod date ut birth, and
<br /> (l)~he ~r s of aPPI~cant' ~ ~
<br /> [2) W~ether aPPhcam '~* '.'-- u ,
<br /> ~wn by a naroe oiher t~en h~S true name and
<br /> if so, what WaS such name, or ~ames, and
<br /> lamination conC~niog dates and plaC~ where
<br /> used.
<br />
<br /> (3) The name of the bu?inesS it it is to be
<br />cor~octed under a designation, name or style
<br />other than the fuji individual name of the aP-
<br />plicant.
<br /> (4) Whether applicant is roarried or slng~e; if
<br />married, true name, place end date of birth and
<br />street residence address of applicant'S present
<br /> (5) Street addresses at which applicant and
<br /> present spouse have lived during the preceding
<br /> t~ yearS.
<br /> (6) Whether appJicant Dr h~s s~use has ever
<br /> ~ convicted 0f any ~e~ony, crime, or
<br /> ~ any ordinance, other lhan traJHC. If so, the
<br /> applicant s~alJ turn sh i~jormatlOn as to the
<br /> ~ime, p~ace and offense for wh ch coovictiOnS
<br /> were had.
<br /> (?) Wheihe~ applicant or his spouse or a
<br /> ~rent, bro~her, sister or child of either of ~em
<br /> has ever been engag~ in operating a salOOn,
<br /> i~mation as to the t~me, place and lenah of
<br /> ~ime.
<br /> (~ Whether applican~ has ever been
<br /> military service. If so, aPP~cant shal~ upon
<br /> c~uesL e~ibit all d~scharg~.
<br /> (9) T~ename, address and business add,ess of
<br /> 's engag~ in MinneSota in
<br />
<br /> 6islr~uling intoxicating · s~OUSe t~an
<br />
<br /> (ct If l~e agpiican~ is a par~ersh~P~
<br /> addr~ses of al~ p~ne~s an~ all information con-
<br /> cerning ,~ abOVe. A managing p~rt~
<br /> each partner in the busineSS shall be disclosed.
<br /> r~ners~iP agreemen~ s~ail be
<br /> true c~Y nj the pa .. -Iion andiJ the partnerShiP
<br /> is r~uired ~o tile a cerli~icate as
<br /> un~ ~e ~rovisionS ¢ Chapter ~3~' Minnesota
<br /> Sja~tes, a copy ut such cerfitica~e certified by 1he
<br /> OerK nj OistriCt Court shag be a~ached to I~e aP-
<br /> plicatLon-
<br /> rd) If the agpucant is ~ con,ratiOn or other
<br /> organization ~nd is aPPWlng Jot an ,,on-sale"
<br /> lic~e,lhe~oUowing iniormatlon shall be tu~nished:
<br /> O) The name and sta*e ol incorpOraHon.
<br /> (2~ A true coPY ~ the certHicate of im
<br /> agreemeni and by-Jaws.
<br /> a~ciafion proprieto~ o~
<br /> (3) T~e ~ame of the manager or
<br /> other agent in charge of ihe premises 1o be
<br /> licenSe~, giving all l~e in~ormatiOn a~ut said
<br /> ~on as is r~Ulred nj a singe applicant in
<br /> paragraph th) above, single or
<br /> (4) A lis~ of ail nalural persons WhO,
<br />
<br /> or association, togelher with their
<br /> corporation
<br /> sidle apP~iCa~l i~ paragraph (b) abOVe.
<br /> re) ?he exact [~al descripHon af the premises to
<br /> be licensed to,ether with a pint plan of the area sh-
<br /> ying dimensions, Ioca~io~ of buildings, street
<br /> c¢, p~rking facilities ~d the tocatio~s of and
<br /> dlsta~ces to the nearest church b~ildi~g and schOOl
<br /> (fi aha floor number a~a ~,-~
<br /> ,,on.sale" sale of liquor is lo be cooduct¢ a~d the
<br /> r~mS where liquor is to be coosumed. An
<br /> for an ,,on-sale" license shall submit 8 flat plan of
<br /> . . ramS, which wil[ be °pen
<br /> to 1he ~btiC, shaft show dimenSiOnS ~d shall
<br /> (gl If a permit j~om the Federal Government
<br /> the g~ited Stet~, whethe~ or
<br /> ~ulred by the laws of r~uired,
<br />
<br /> in ~et name issued, ~d the n8tore o{ the germit.
<br /> (hi The amoUnl of the investment that the ap-
<br />
<br />pllcant has in the businesS, building, premises,
<br />fixates, furniture, stock in trade~ otc. and proof ut
<br />the source of such money.
<br /> (0 The names and addresses of all personS, other
<br />thanthe applicant, who have any financial interest in
<br />the business, buildings, preroises, fixtures, fur-
<br />niture, stock in trade; the nature of such intereSt~
<br />amoUnt thereof, terms for payroent or other reiro-
<br />bu~ement. '[his shall include, but not be Hroited
<br /> any leases, lassors,ro°rtgagees'mOrtgag°rs' lendors,
<br /> lienholderS, trustees, trustors and persons whO have
<br /> co-signed notes or otherwise loaned, pledged, or
<br /> extended security for any indebtedneSS of the ap-
<br /> plicant, residences and business addresses
<br /> ri) The naroes,
<br /> of three persons, residents of the state ef Minnesota,
<br /> of good moral character, not related to the applicant
<br /> or financially interested in the premises or busroess
<br /> whomaY be referred to as the aPPlicant~s character
<br /> or, in the case where information is required of a
<br /> manager, the manager'S character,
<br /> {k) Whether or not all relevant property taxes tot
<br /> thepremiseS to be I~censed have been paid and, if not
<br /> paid, the years for which delinquent and the amounts
<br /> which are unpaid.
<br /> O) whenever the application for an "on-sale"
<br /> lice~e, or for a transfer thereOf, is tot premises
<br /> or undergoing
<br /> planned or under conslruction ac-
<br /> either the
<br /> substantial alteration, the application shall be
<br /> coropanied bY a set of preliroinarY plans showing
<br /> design ut the proposed premises to be licensed. If the
<br /> plans ordeSignareOn tile with the Zoning officer, no
<br /> plans need to be filed with the city cterk.
<br /> (mi Such other intOrroation as the City council
<br />
<br /> shall require, ut ApplicatiOn. If the ap-
<br /> Section 5. ExecutiOn
<br /> plication is by a natural person, it shall be signed and
<br /> swum to by such person; it by a corporation, by an
<br /> officer thereof; if by a partnershiP, by one of the
<br /> partners; if by an unincorporated assocation, by the
<br /> roan~jer or roanaging officer thereof- If the
<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 /> Seclion 6. Renewal Application. Applications for
<br /> the renewal of an existing license shall be made at
<br /> least 60 days prior to the date of the expiration of the
<br /> shall be made in such abbreviated form
<br /> license and approve· If, in the judgment
<br /> asthe city council roaY
<br /> o{ 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 nj this section are coroplied with,
<br /> waive this requirement and grant the application.
<br /> Section 7. License Fees. The following provisions
<br /> control as to license fees and related subjectS:
<br /> Ca) 'The annual license fee for an ,,on.sale" license
<br /> shall be tour thousand [$4,OoO.O0) goiters.
<br /> (bi The annual license tot a special sunday "on-
<br /> sa~e" license shall be 1wu hundred {$200.00) DollarS.
<br /> (ct The annual license fee shag be paid in tuiI
<br /> · for a license is accepted. All
<br /> before the apphcatlo~ .... ~r~ fund of the City. All
<br /> feesshall be paid into ~ne w ..... I
<br /> licenses shall expire on tl~e last day of June of each
<br /> veer upon re action of any
<br /> iP~uance by the Ct~Y
<br /> be refunded to the applicant,.
<br /> rd) The fee for an ,,on-sale" license granted after
<br /> the 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 /> · ninety days attar approval of
<br /> 'rer~e period she I be ..... non the date the
<br /> the license by ,, ..... CO
<br />
<br /> · ccu anc¥, whichever is so°nar '
<br /> building is ready fo~r O~ee nPaid for any license i.ssu, e~d,
<br /> (fi NO part ,of t_b_e..,~,a,~l be refunded ey. cePt_ro
<br /> foLlOwing ~ns~O~;rorO the haPPening of the event. The
<br /> within 30 days
<br /> Council may in its iudgroent refund a pro rata per-
<br /> the fee for the unexpired period of the license~
<br /> tlonof basis, when operation o( the
<br /> computed on a roonthly
<br /> licensed business ceases not less than o~e month
<br /> before expiration of the license because
<br /> (1) destruction or damage of fha i~icensed
<br />
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