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Ordinance 034• 40 i • �� z RHL 1/27/69 VILLAGE OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. +_ j L�IyV3 AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON -INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. THE COUNCIL OF THE VILLAGE OF CHANHASSEN ORDAINS: SECTION 1. PROVISIONS OF STATE LAW ADOPTED. 1.01 All the provisions of the Minnesota Non -intoxicating Malt Liquor Act, Minnesota Statutes, Chapter 340, three copies of which are on file in the office of the Village Clerk, are hereby adopted and made a part of this ordi- nance as if fully set out herein, except as modified herein. SECTION 2. DEFINITION OF TERMS. 2.01 As used in this ordinance, the term "person" includes a natural person, partnership, corporation or association of persons, and the agent or manager of any of the aforesaid. 2.02 "Beer" or "non -intoxicating malt liquor means any malt liquor with an alcoholic content of more than one-half of one per cent by volume and not more than three and two-tenths per cent by weight. 2.03 "Intoxicating liquor" means any distilled, fermented or vinous beverage containing more than three and two-tenths per cent of alcohol by weight. 2.04 "Original package" means the bottle or sealed container in which the liquor is placed by the manufacturer. 2.05 "Bona fide club" means a club organized for social or _ i [7 RHL 2/13/69 business purposes or for the promotion of sports, where the serving of beer is incidental to and not the major purpose of the club. 2.06 "Restaurant" means a place of which the major business is preparing and serving lunches or meals to the public to be consumed on the premises. 2.07 "Tavern" means an establishment operated principally for the "on" and "off" sale of beer, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail. 2.08 "Hotel" includes a motel and means an establishment with resident proprietor or manager, where, for payment, food and lodging are regularly furnished, and which maintains for use of its guests not less than 15 guests rooms with bedding and other suitable and necessary furnishings in each room and a dining facility with appropriate facilities for seating not less than 30 guests at one time. SECTION 3. LICENSE REQUIRED. 3.01 No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by barter, sale or otherwise, or keep or offer for sale, any beer within the village without first having received a license as hereinafter provided. Licenses shall be of two kinds: (1) Retail "on sale"; (2) Retail "off sale". 3.02 "On Sale" licenses shall be granted only to bona fide clubs, taverns, restaurants, hotels and to exclusive liquor stores licensed to sell intoxi- cating liquors at on sale., "On Sale" licenses shall permit the sale of beer for con- sumption on the premises only. 3.03 "Off Sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. -2- RHL 1/27/69 0 SECTION 4. APPLICATIONS FOR LICENSE. 4.01 Every application for a license to sell beer shall be made on a form supplied by the village and shall state the name of the applicant, his age, representations as to his character with such references as may be required, his citizenship, whether the application is for "on sale" or "off sale", the business in connection with which the proposed license will operate and its location, whether applicant is owner and operator of the business, how long he has been in that business at that place, and such other information as the council may require from time to time. It shall be unlawful to make any false statement in an application. Applications shall be filed with the Village Clerk. SECTION 5. LICENSE FEES. 5.01 Each application for a license shall be accompanied by a receipt from the Village Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the village. Upon rejection of any application for a license, the Treasurer shall refund the amount paid. 5.02 All licenses shall expire on the 30th day of April in 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 fee, any unexpired fraction of a month shall be counted as one month. 5.03 The annual fee for "on sale" and "off sale" licenses shall be determined at the February Village Council meeting each year. 5.04 No part of the fee paid for any license issued under this • ordinance shall be refunded except in the following instances upon application to =3= RHL 1/27/69 • the council within 30 days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, com- puted on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of: 1) destruction or damage of the licensed premises by fire or other catastrophe; 2) the licensee's illness; 3) - the licensee's death; 4) a change in the legal status of the village making it unlawful for the licensed business to continue. SECTION 6. GRANTING OF LICENSE. 6.01 The village council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the village council shall grant or refuse the application on its discretion. 6.02 Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to other premises without the approval of the village council 6.03 In case of death of any licensee of any "off sale" or "on sale" non -intoxicating malt liquor, his personal representative is hereby authorized to continue operation of said business for not more than 90 days after the death of such licensee. SECTION 7. PERSONS INELIGIBLE FOR LICENSE. 7.01 No license shall be granted to any person: RHL' 1/27/69 • 1) Under twenty-one years of age. 2) Who has been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture or transportation of intoxicating liquors. 3) Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured. 4) Who is not a citizen of the United States. S) Who is a non-resident of the Village of Chanhassen. 6) Who shall have within five years prior to the date of application for license been convicted of violating any law relating to the sale of non -intoxicating malt liquor or of intoxicating liquor. 7) Who is not of good moral character. 8) Who is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place. 9) Who is not the proprietor of the establishment for which the license is issued. SECTION 8. PLACES INELIGIBLE FOR LICENSE. 8.01 No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this ordinance, or of the state non -intoxicating malt liquor or intoxicating liquor law, or where any license here- under has been revoked for cause until one year has elapsed after such conviction or revocation. 8.02 No license shall be granted for premises on which taxes, special assessments 'or other financial claims of the village are delinquent and unpaid. SECTION 9. CONDITIONS OF LICENSE. 9.01 Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of all other . applicable ordinance of the village or state law. -5- • • 02/13/69 9.02 All licensed premises shall have the license posted in a con- spicuous place at all times. 9.03 No beer shall be sold or served to any intoxicated person or to any person under 21 years of age. premises. 9.04 No minor shall be permitted to consume beer on the licensed 9.05 No minor shall be permitted to sell or serve beer in -any "on sale" establishment. 9.06 No gambling or any gambling device shall be permitted on any licensed premises. 9.07 No manufacturer or wholesaler of beer shall have any owner- ship of or interest in an establishment licensed to sell at retail contrary to the provisions of law. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits con- trary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. 9.08 No licensee shall sell beer while holding or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. 9.09 No licensee who is not also licensed -to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee RHL 1/27/69 of intoxicating liquors. shall be prima facie evidence of possessiong uors. q . for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be con- sumed or displayed contrary to this ordinance. 9.10 Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises not authorized by an intoxicating liquor license. 9.11 Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties pro- vided by this ordinance equally with the employee. 9.12 An "on sale" license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or dinners at which are present not less than 8 persons. SECTION 10. CLOSING HOURS. 10.01 No sale of non -intoxicating malt liquor shall be made on any Sunday between the hours of 1:00 o'clock A. M, and 12:00 o'clock noon, nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock P.M. on any election day in the village. No sale shall be made between the hours of 1:00 o'clock A. M. and 8:00 A. M. on any other day. SECTION 11. BARS, PARTITIONS, BOXES OR SCREENS. 11.01 The view of the whole interior of any place licensed for "on -7- RHL 1/27/69 • sales" of beer shall be unobstructed by screens, curtains or partitions. There shall be no partition, box, stall, screen, curtain or other device which obstructs the view of any part of the room from the general observation of persons in the room; but partitions, subdivisions, or panels not higher than forty-eight inches from the floor shall not be considered obstructions. SECTION 12. CLUBS. 12.01 No club shall sell beer except to members and to guests in the company of members. SECTION 13. beer. 0 RESTRICTIONS ON PURCHASE AND CONSUMPTION. 13.01 No minor shall misrepresent his age for the purpose of obtaining 13.02 No person shall induce a minor to purchase or procure beer. 13.03 No person other than the parent or legal guardian shall procure beer for any minor. 13.04 No minor shall have beer in his possession with the intent to consume it at a place other than the household of his parent or guardian. Possession of such non -intoxicating malt liquor at a place other than the household of his parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his parent or guardian. 13.05 No beer shall be consumed in any theatre, recreation hall or center, dance hall, ball park or other place of public gathering used for the purpose of entertainment, amusement or playing of games, unless the premises are duly licensed for the "on sales" of beer. 0 we • RHL 1/27/69 • 13.06 No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors. 13.07 No person shall consume, and no licensee shall permit the consumption of any non -intoxicating malt liquor on premises licensed for the sale of non -intoxicating malt liquor at any time when the sale of such non -intoxicating malt liquor is prohibited. 13.08 Establishments having both intoxicating liquor and non - intoxicating malt liquor licenses may sell non -intoxicating malt liquor during permitted hours when the sale of intoxicating liquor is not permitted. SECTION 14. REVOCATION. 14.01 The violation of any provision or condition of this ordinance • by a beer licensee or his agent shall be ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be re- voked without notice and without hearing. In all other cases, a license granted under this ordinance may be revoked or suspended by the council after written notice to the licensee and a public hearing. The notice shall give at least 10 days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The council may suspend any license .pending a hearing on revocation or suspension. SECTION 15._ SPECIAL PERMIT. 15.01 In addition to the licensing provisions hereof, the village council may grant a special on sale non -intoxicating malt liquor permit to charitable or non-profit social organizations, lodges, labor organizations and churches whether -9- 9 w • RHL 1/27/69 • or not included within the definition of the term bona fide club as hereinbefore set forth for a period not to exceed 48 hours and no more frequently than three (3) times per calendar year. The license fee for special permits shall be determined at the February village council meeting each year. 15.02 A special permit holder as herein provided for shall be subject to all other provisions of this ordinance. SECTION 16. PENALTY. 16.01 Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00) or imprisonment in the village jail for not more than ninety (90) days, plus the costs of prosecution in either case. SECTION 17. REPEAL. 17.01 Any ordinance or portion thereof heretofore passed and in- consistent herewith is hereby repealed. SECTION 18. EFFECTIVE DATE. 18.01 This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed by the Council this Z, LL day of f c /S ,ewg 2-71 19 69 . ATTEST: YOR Clerk-Adrknistrator Published in c�tI( on Z —7 Ff , 1969. U -10-