Ordinance 002eA
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 2E
AN ORDINANCE AMENDING SECTION 6 of the CHANHASSEN INTOXICATING
LIQUOR ORDINANCE AS AMENDED.
THE COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 6 of Ordinance No. 2, adopted July 17, 1967, and
entitled "An Ordinance Licensing and Regulating the Sale and Consump-
tion of Intoxicating Liquor and Providing a Penalty for Violation"
and as amended by Ordinance No. 2A adopted December 13, 1971, Ordi-
nance No. 2B, adopted April 16, 1975, Ordinance 2C, adopted October
20, 1975, and Ordinance No.2D adopted October 7, 1976, is herebv
amended to read as follows:
Section 6. License Fees.
Subdivision 1. Definition of Terms. As used in this
ordinance,
(a) The term "restaurant" means any establishment under
the control of a single proprietor or manager having
appropriate facilities to serve meals, for seating not
fewer than 125 guests at one time, where in consideration
of payment therefor meals are regularly served at tables
to the general public, and which employs an adequate staff
for the usual and suitable service to its guests in which
the principal part of the business is the serving of foods,
the gross sales of which foods shall be not less than 600
of the gross sales of the establishment.
The business
records of the licensee, including federal and state tax
returns, shall be available for inspection by the City
Council or its designate at all reasonable times.
(b) The term "floor area" for the purpose of calculating
the "on -sale" intoxicating liquor license fee shall be all
of the floor area of the various floors of a licensed
premise measured to the centers of all partitions, except
those areas primarily for non -service purposes including,
but not limited to, dead storage, building management,
toilets or restrooms, mechanical equipment rooms and kitchens.
(c) "Non -Restaurant" shall mean any "on -sale" liquor license
establishment with 400 or more of annual gross sales in on -
sale liquor.
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AN ORDINANCE AMENDING SECTION 6 of the CHANHASSEN INTOXICATING
LIQUOR ORDINANCE AS AMENDED.
THE COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 6 of Ordinance No. 2, adopted July 17, 1967, and
entitled "An Ordinance Licensing and Regulating the Sale and Consump-
tion of Intoxicating Liquor and Providing a Penalty for Violation"
and as amended by Ordinance No. 2A adopted December 13, 1971, Ordi-
nance No. 2B, adopted April 16, 1975, Ordinance 2C, adopted October
20, 1975, and Ordinance No.2D adopted October 7, 1976, is herebv
amended to read as follows:
Section 6. License Fees.
Subdivision 1. Definition of Terms. As used in this
ordinance,
(a) The term "restaurant" means any establishment under
the control of a single proprietor or manager having
appropriate facilities to serve meals, for seating not
fewer than 125 guests at one time, where in consideration
of payment therefor meals are regularly served at tables
to the general public, and which employs an adequate staff
for the usual and suitable service to its guests in which
the principal part of the business is the serving of foods,
the gross sales of which foods shall be not less than 600
of the gross sales of the establishment.
The business
records of the licensee, including federal and state tax
returns, shall be available for inspection by the City
Council or its designate at all reasonable times.
(b) The term "floor area" for the purpose of calculating
the "on -sale" intoxicating liquor license fee shall be all
of the floor area of the various floors of a licensed
premise measured to the centers of all partitions, except
those areas primarily for non -service purposes including,
but not limited to, dead storage, building management,
toilets or restrooms, mechanical equipment rooms and kitchens.
(c) "Non -Restaurant" shall mean any "on -sale" liquor license
establishment with 400 or more of annual gross sales in on -
sale liquor.
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Subdivision 2.
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Intoxicating Liquor License Fees.
(a) The annual license fee for an "on -sale" intoxicating
liquor license shall be:
Floor Area
3000 sq. ft.
or under
Restaurant $3,500.00
Non -Restaurant $4,500.00
3000-6000
sq. ft.
$5,500.00
$6,500.00
over 6000
sq. ft.
$7,500.00
$8,500.00
Said fee shall be payable in two equal installments in
advance, and a receipt for the first installment shall
accompany the application for issuance or renewal of the
license; the second installment shall be payable on or
before June 30 of each year. Failure to pay the second
installment of the license fee promptly when due shall be
cause for revocation of any "on -sale" license, without
notice.
(b) Off -Sale. The annual license fee for an "off -sale"
intoxicating liquor license shall be $150.00.
(c) Sunday On -Sale. The annual license fee for a Sunday
"on -sale" intoxicating liquor license shall be $200.00.
Said fee shall be in addition to the regular "on -sale"
intoxicating liquor license fee.
(d) Clubs. The annual license fee for a club"on-sale"
intoxicating liquor license shall be $100.00.
(e) Wine. The annual license fee for sale of wine for
consumption on the licensed premises only in conjunction
with the sale of food shall be $2,000.00, or one-half of
the license fee for an "on -sale" restaurant license,
whichever is less.
(f) Bottle Clubs. The annual license fee for bottle clubs
shall be $300.00 per year.
(g) Part of License Year. When any "on -sale intoxicating
liquor or wine license is issued for an unexpired portion
of a license year, the fee shall be pro -rated and a receipt
from the City Treasurer for the portion of the license fee
due shall accompany the application, provided the minimum
thereof shall be one half the license fee.
(h) Withdrawal or Rejection of Application. Upon
rejection of any application for a license, or upon with-
drawal of an application before approval of the issuance of
the license by the City Council, the license fee shall be
refunded to the applicant except where rejection is for a
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willful misstatement of a material fact in the license
application.
(i) Expiration Date. All licenses shall expire on the
30th day of April of each year. Each license shall be
issued for a period of one year, except that if a portion
of the license year has elapsed when the application is
made, a license may be issued for the remainder of the
year for a pro rata fee. In computing such pro rata fee,
any unexpired portion of a month shall be counted as a
month.
(j) License Fee Refundment. No part of the fee paid for
any license shall be refunded except as authorized by
Minnesota Statutes, §340.112.
Section 2. This ordinance becomes effective from and
after its passage and publication.
Passed by the Council this 21st day of March, 1977
ATTEST
:
W,n �/ (JO,
City Manager/Clerk
0
r-
Mayor
Published in Carver County Herald on the 24th day of March, 1977.
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