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premises by fire or olher catastrophe.
<br /> (2) a change in the legal status of the
<br /> municipality 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 *.he licensee.
<br /> (gl At the time of each originat application tot a
<br /> license, except in lhe case of an "on-sale" club
<br /> license, the.applicant shall pay in full to the city clerk
<br /> an investigating fee as eslabllshed from time to time
<br /> by city council resolution. No investigating fee shall
<br /> be refunded.
<br /> (hi At any time thai- 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 /> ditienal investigating tee in an amount as establtshed
<br /> from time fo 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 /> Sec/ion 8. Granting of Licenses. The following
<br /> procedure shall be followed in processing ap.
<br /> p~ications for licenses under this section:
<br /> (al All applications for a license shall be referred
<br /> to the chief of police, and to such other city depart-
<br /> ment 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 Section 4 as shall be necessary and shall
<br /> make a written recommendation and report to the
<br /> CityCouncil which shall include a list of all viola finns
<br /> of federal or state law or municipal regulations.
<br /> lb) 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 shall instruct fha 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. Wifhln 45 days after the hearing, the Council
<br />mayeither grant or deny the license. If the license is
<br />granled the Council may withhold its issuance until
<br />the applicant has qualified in ali respects for the
<br />license. If the premises to be licensed are not com-
<br />pirie at the time that the hearing is conducted, the
<br />Council may grant the license but shall withhold its
<br />issuance until the premises have been completed in
<br />accordance with the representations made by the
<br />applicant.
<br /> lc) No transfer of a licenseshall 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(hi and each such
<br />transfer shall require the approval of 1he 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 />the liquor control commissioner the full name and
<br />address of each person granted a license, the trade
<br />name, file effective license date, and the date of
<br />expiration of the license. He shall also submit to the
<br />liqu~ control commissioner any change of address,
<br />transfer, cancellation, or revocation of any license
<br />by file Council during the license period.
<br /> Section 9. Person ineligible for License, No license
<br />shall begranted to or held by any person:
<br /> (al Who is ineligible under Minnesota Statutes,
<br />Chapter 340.
<br /> (bi Under 18 years of age.
<br /> (c)Whois not of good moral character and repute.
<br /> (d) Who is not a citizen of the United States.
<br /> (el Who, within five years prior fo the appl[cation
<br />for such Hcense, has been convicted of any violation
<br />of any law of the United States 6r the State of Min.
<br />nesola, or any local ordinance with regard to the
<br />mar~Jfacture, sale, distribution, 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 /> (fl Who is a manufacturer or wholesaler of in-
<br />
<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 /> (gl Who directly or indirectly holds an inlerest in.
<br /> anyother establishment in the city to which a license
<br /> of the same class has been issued under this section.
<br /> The term "interest" as used in this section includes
<br /> any pecuniary interest in !he ownership, operation,
<br /> management or profits of a retail liquor establish.
<br /> pant, but does not include bona fide loans; bona fide
<br /> fixed sum rental agreements; 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~asJ~g mer.-
<br /> chandlse, fixtures or supplies to such establishment;
<br /> or anlnferest of 10 per cent or less in any corporalion
<br /> holding a license, A person who receives moneys
<br /> from time fo time directly or indirectly from a
<br /> licensee, 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 /> reasonable value of the goods or things received as
<br /> consideration for any payment by the licensee and
<br /> all other facts reasonably tending to prove or
<br /> disprove the existence of any purposeful scheme or
<br /> arrangement to evade the prohibitions of this section
<br /> shah be considered.
<br /> (hi Who, if a corporation, does not have a manager
<br /> who is eligible pursuant to the provisions of this
<br /> secllon.
<br /> (D Who is the spouse of a person ineligible for a
<br /> license under paragraphs (d), (el or (fl of this
<br /> section who, in the judg meat of fha 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 /> license.
<br /> Section 10. Ineligibiiity for License. Existence of
<br /> anyof the following conditions render any applicant
<br /> ineligible for receipt of a license:
<br /> (al No license shall be granted, or renewed~ for
<br />e~eration on any premises, on which .taxes,
<br />assessments or other financial claims of the city are
<br />delinquent and unpaid. In the event an action has
<br />bean commenced pursuant to the provisions of
<br />Chapter 278, Minnesota Statutes, questioning the
<br />amount or validity of taxes, the Council may, on
<br />application by the licensee, waive strict compliance
<br />with this provisloru 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 /> (bi No license shall be granted to a foreign cor-
<br />poration.
<br /> lc) No license shall be issued for the premises
<br />owned by a person fo whom a license may not be
<br />granted under this section, except that a license may
<br />be issued if the owner of 1he premises is a minor,
<br />alien, or a person who has been convicted of a crime
<br />other than a violation of Minnesota Sta/utues, Sec-
<br />tions 340.g7 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 /> (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 />1, nor to any restaurantwhich does not have a total
<br />market value, including land, building and equip-
<br />meat, of at least $200,000 as appraised by the City
<br />Assessor and based upon current valuations.
<br /> (fl No"on-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 /> (g) No "on-sale" license shall be granted
<br />reslaurants or hotels unless they are located in a
<br />general commercial area.
<br /> Section 11. Conditions Governing Issuance. The
<br />following conditions govern issuance of a license
<br />pursuant to this section:
<br /> (al Every license shall be granted subject tO the
<br />provisions of this section and of any other applicable
<br />ordinance or law including Chapter 340 of Minnesota
<br />Statutes.
<br />
<br /> (bi The license shall be posted in a conspicuous
<br /> place in the licensed premises at all times.
<br /> lc) Every licensee shall be responsible for the
<br /> conduct of his place of business and for fha conditions
<br /> of sobriety and order in the place of business and On
<br /> lhe premises.
<br /> (d) No "on.sale" licensee shall sell intoxicating
<br /> liquor "off ,sa le".
<br /> (el No license shall be effective beyond the
<br /> building space shown in the license application for
<br /> such license.
<br /> (fl No person under 18 years of age shall be em-
<br /> ployed 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 the duties 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 /> OF delivered to any intoxicated person, to any
<br /> habitual drunkard, to any person under 18 years of
<br /> agent to any person to whom sale is prohibited by
<br /> state law.
<br /> (hi 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 adioining the licensed
<br /> premises, nor shall any such person permit any
<br /> gambling therein.
<br /> (J) No licensee or any of his employees shall
<br /> knowingly permit the 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 /> (j) Any police officer, health officer, sanitarian,
<br />building inspector, or any properly designated
<br />ricer or employee of the city shall have the right to
<br />enter, inspect, and search fha premises of the
<br />licensee during business hours without a warrant,
<br />however, in the event an occupant of a room in the
<br />hotel portion of the licensed premises shah refuse
<br />entry to any police officer, health officer, sanitarian,
<br />building inspector, or any properly designated of-
<br />ficer or employee of fha city, on the basis lhaf the
<br />time of the inspection is not e 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 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 />sale".
<br /> (Il No licensee shall apply for or possess a Federal
<br />Whosesale Retail Liquor Dealer's special fax stamp
<br />or a federal gambling stamp.
<br /> (m) No equipment or fixture in any licensed place
<br />shall be owned 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 />Law.
<br /> (n) The retail sale for beverage purposes of' ethyl
<br />alcohol or neutral spirits, or substitutes therefor,
<br />possessing the taste, aroma, and characteristics
<br />generally attributed to ethyl alcohol or neutral
<br />spirits, as such, is hereby prohibited. Nothing in this
<br />paragraph shah be construed to prohibit the sale of
<br />other products obtained by the use of ethyl alcohol or
<br />neulral spirits as defined in U.S. Treasury Depart-
<br />ment, Bureau of Internal Revenue, Regulations 125,
<br />Article Ih Standards of identity for Distilled Spirits.
<br /> lo) The business records of the licensee, including
<br />Federal and State Income Tax returns, shall be
<br />available for inspection by the City Council er other
<br />duly authorized representative of the City at all
<br />reasonable times.
<br /> (pi Changes in the corporate or association of-
<br />ricers, corporate charter, articles of incorporation,
<br />by.laws or partnership agreement, as the case may
<br />be, shall besubmifted to the city clerk within 30 days
<br />after such changes are made. Jn the case of a cot.
<br />poration, 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 ~ercent.
<br />
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