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Ordinance 034eCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA is ORDINANCE NO. 34-E AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON -INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND REPEALING ORDINANCES 34, 34A, 34B, 34C, AND 34D. THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS. SECTION 1. PROVISIONS OF STATE LAW. 1.01. All provisions of the Minnesota Non -Intoxicating Malt Liquor Act, Minnesota Statutes, Chapter 340, as last amended, and all laws amendatory thereof and supplementary thereto, copies of which are on file in the office of the City Clerk, are hereby adopted and made a part of this ordinance as if fully set out herein, except as modified herein. SECTION 2. DEFINITIONS OF TERMS. For the purposes of this ordinance, except where the context otherwise requires, the terms defined in this section shall have the meanings set forth herein. 2.01. "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 not less than one- half of one percent by volume and not more than three and two-tenths percent by weight. 2.03. ' "Intoxicating liquor" means any distilled, fermented or vinous beverage containing more than three and two- tenths percent 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 an organization organized for soo ical or business purposes, or for intellectual improvement, 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. 1 i 2.08. "Hotel" includes a motel and means an establishment with a resident proprietor or manager, where, for payment, food • and lodging are regularly furnished, and which maintains for use ofits guests not less than 15 guest 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. 0 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 City without first having received a license as hereinafter provided. Licenses shall be of two kinds: (1) Retail "on sale"; and (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 intoxicating liquors at on sale. "On Sale" licenses shall permit the sale of beer for consumption 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. SECTION 4. APPLICATIONS FOR LICENSE. 4.01. Every application for a license to sell beer shall be made on a form supplied by the City 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 City 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 City Clerk. -2- 4.02. Proof of Financial Responsibility. Prior to the issuance or renewal of an "on sale or "off" sale non -intoxicating • malt liquor (beer) license, the applicant shall file with the State Commissioner of Public Safety and the City Clerk proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95, as a condition to the issuance or renewal of his license. Proof of financial responsi- bility may be given by filing: a. A certificate that there is in effect an insurance policy or pool providing the following minimum coverages: 1. $ 100,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $ 300,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $ 20,000 because of injury to or destruction of property of others in any one occurrence. 2. $ 100,000 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $ 300,000 for loss of means of support of two or more persons in any one occurrence; or • b. A certificate of the State Treasurer that the licensee has deposited with him $ 300,000 in cash or securities which may be legally purchased by savings banks or for trust funds having a market value of $ 300,000 Any liability policy required by this section shall further provide that it may not be cancelled for any cause, either by the'insured or the insurance company without first giving ten days' notice to the municipality in writing of intention to cancel it, addressed to the City Clerk. 4.03. The provisions of Section 4.02 above may be waived, at the discretion of the City Council, for temporary on -sale licenses, as described in Section 15.01 of this ordinance. SECTION 5. LICENSE FEES. 5.01. Payment of License Fee. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the City Treasurer shall refund the amount paid. • -3- 5.02. License Expiration Date. 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 whdn 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. Annual License Fee. The annual fee for "on sale" and "off sale" licenses shall be determined at the February City Council meeting each year. 5.04. Conditions of Refund. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the City 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, computed 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 City making it unlawful for the licensed business • to continue. SECTION 6. GRANTING OF LICENSE. 6.01. Investigation. The City 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 City Council shall'grant or refuse the application on its discretion. 6.02. Person and Premises Licensed; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person, firm or corporation or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior Council approval is a ground for revocation of the license. 6.03. Non -Transferability. 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 City Council. is -4- 6.04. Enlargement, Alterations or Extension of Premises. Proposed enlargement, alteration or extension of licensed premises shall be reported to the City Clerk at or before the • time application is made for a building permit for any such change, and the licensee shall also furnish such other information as may be required by the City Council. 6.05. Death of Licensee. In case of death of any "off • sale" or "on sale" non -intoxicating malt liquor licensee, 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. Ineligibility For License. No license shall be granted to any person: (1) Who is 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. (4) Who is not a citizen of the United States. (5) Who is a non-resident of the City 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 location unless there has also been issued to him a city license to sell intoxicating liquor at such location. (9) Who is not the proprietor of the establishment for which the license is issued. SECTION 8. PREMISES INELIGIBLE FOR LICENSE. 8.01. Delinquent Claims. No license shall be granted for premises on which taxes, special assessments or other financial claims of the City are delinquent and unpaid. SECTION 9. CONDITIONS OF LICENSE. Every non -intoxicating malt liquor licensee shall be subject to the following subdivisions and all other provisions of this ordinance and other applicable City ordinances and state law: -5- • 9.01. Posting of License. All licensed premises shall have the license posted in a conspicuous place. • 9.02. Gambling. No gambling nor any gambling devise shall be permitted on any licensed premises. 9.03. Manufacturers and Wholesalers. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell non -intoxicating malt liquor at retail. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract, and no retail licensee shall receive any benefits from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits upon a retail licensee. 9.04. Federal Tax Stamp. 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 and the City to sell intoxicating liquors. 9.05. Intoxicating Liquors. 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. • 9.06. Inspection. 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. 9.07. Order and Sobriety. 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 beershall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this ordinance equally with the employee. 9.08. Banquets and Dinners. 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 lest than 8 persons. 9.09. Clubs. No club shall sell beer except to members and to guests in the company of members. M • 9.10. Partitions or Screens. Except as permitted under Section 9.08 hereof, the view of the whole interior of any place licensed for "on sales" of beer shall be unobstructed by screens, curtains or partitions. There'shall be no partition, 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. 9.11. Removal From Premises. No licensee shall permit any person to remove and no person shall remove from the premises named in the license for which it was granted, any bottle or receptacle which contains non -intoxicating malt liquor which has been opened, or the seal broke, or the contents of which have been partially removed. Each licensee shall post, in a conspicuous location near each exit from the premises named in the license for which it was granted, a sign advising the public -6f the penalties provided in this ordinance for the violation of the provisions of this section. SECTION 10. ILLEGAL SALES AND CONSUMPTION. 10.01. Underage Persons. It is unlawful for any: (1) Licensee or his employee to permit any person under the age of 19 years to consume non - intoxicating malt liquor on the licensed premises except as provided in paragraph (5) of this subdivision; (2) Person other than the parent or legal guardian to procure non -intoxicating malt liquor for any person under the age of 19 years; (3)' Person to induce a person under the age of 19 years to purchase or procure non -intoxicating malt liquor; (4) Person under the age of 19 years to misrepresent his age for the purpose of obtaining non -intoxi- cating malt liquor; (5) Person under the age of 19 years to consume any non -intoxicating malt liquor unless in the company of his parent or guardian; (6) Person under the age of 19 years to possess any non -intoxicating malt liquor, with intent to consume it at a place other than the household of his parent or guardian. • -7- (7) Person under the age of 19 years to sell or serve beer in any "on sale" establishment. • 10.02. General Illegal Sales and Consumption. It is unlawful for any: (1) Licensee or his employees to sell to or allow the consumption of beer by any intoxicated person. (2) Person to consume or display any non -intoxicating malt liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors. (3) Person to 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. (4) Person to consume on licensed premises, and no licensee shall permit the consumption of, non -intoxicating malt liquor fifteen (15) minutes after the sale of such non -intoxicating liquor is prohibited. SECTION 11. CLOSING HOURS. 11.01. Hours of Sale. No sale of non -intoxicating malt liquor shall be made between the hours of one a.m, and eight a.m. on any weekday Monday through Saturday inclusive. Neither shall any sale of such liquor be made on any Sunday between the hours of one a.m. and twelve o'clock noon, nor between the hours of one a.m. and eight o'clock p.m, on the day of any statewide election. SECTION 12. TEMPORARY "ON -SALE" LICENSE. 12.01. Temporary Licenses. In addition to the other licensing provisions of this ordinance, the City Council may grant a temporary "on -sale" non -intoxicating malt liquor license to any bona fide club, or charitable, religious, or non- profit organization, where the serving of non -intoxicating malt liquor is incidental to and not the main purpose of said club, charitable, religious, or non-profit organization. Said temporary license shall be subject to such terms and conditions, including but not limited to a license fee and a specified period of limited duration, as the City Council shall prescribe at the time said license is issued. The holder of such temporary licenseshall be subject to all other provisions of this ordinance. -8- SECTION 13. SUSPENSION AND REVOCATION. • 13.01. Proof of Financial Responsibility. The operation -of an off -sale or on -sale licensed businesd without first having on file at all times with the City proof of financial responsibility as defined in Section 4.02 hereof shall be grounds for immediate revocation of license, without'notice and without hearing. Failure to file with the City Clerk replacement proof of financial responsibility as defined in Section 4.02 hereof within ten (10) days of receipt by the City of a notice of cancellation of any insurance policy furnishing such proof of financial responsibility shall be grounds for immediatesuspension of the license until such time as such proof of financial responsibility has been filed with the City Clerk. Operation of an off -sale or on -sale business during the period of any such suspension shall be grounds for immediate revocation of the license, without notice and without hearing. 13.02." Other Grounds For Suspension or Revocation. In all other cases of violation of the terms of this ordinance by a licensee, a license granted under this ordinance may be revoked or suspended by the City 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 City Council may suspend any license pending a hearing on revocation or suspension. ! SECTION 14. PENALTY. • 14.01. Violation. Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500.00 or imprison- ment in the county jail for not more than 90 days, or both, and shall pay the cost of prosecution in any case. SECTION 15. REPEAL. Ordinances No. 34, 34A, 34B, 34C-1, 34C-2, 34D, passed respectively on February 24, 1969, February 7, 1971, June23, 1975, October 20, 1975, September 20, 1976, and July 18, 1977 are hereby repealed in their entirety. SECTION 16. EFFECTIVE DATE. This ordinance becomes effective upon its—passage and publication according to law. Passed by the City Council th' 14 th day of February 1983 Mayor Attes;:a, 0— 0- sa, City Clerk Manager Publish in Carver County Herald on February 23, 1983 (9709 Official Publication) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NNO.34-E ORDINANCE Affidavit of Publication AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON -INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND REPEALING ORDINANCES 34, 34A, 3411, 34C, and 34D THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS. SECTION 1. PROVISIONS OF STATE LAW. 1.01. All provisions of the Minnesota Non - Intoxicating Malt liquor Act, Minnesota Statutes, Chapter 340, as last amended, and all laws amen- datory thereof and supplementary thereto, copies State of Minnesota of which are on file in the office of the City Clerk, are hereby adopted and made a part of this or- )SS. dinance as if fully set out herein, except as modified County of Carver ) herein. SECTION 2. DEFINITIONS OF TERMS. For the purpose of this Ordinance, except where the context otherwise requires, the terms defined in this section Stan ', Q l f 5 i u --,being duly sworn, on oath says that he is and during shall have the meanings set forth herein. all the time herein stated has been the publisher and printer of the newspaper known as the Carver County Herald and 2.01. "Person" includes a natural person, part- has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for- nership, corporation or association of persons, and mat and in column and sheet form equivalent in printed space to at least 1,200 square inches. (2) Said newspaper is a the agent or manager of any of the aforesaid. weekly and is distributed at least once each week for 50 weeks each year. (3) In at least half of its issues each year has no 2.02. "Beer" or "non -intoxicating malt liquor" more than 75 percent of its printed space comprised of advertising material and paid legal notices; and in all of its issues means any malt liquor with an alcoholic content of not less than one-half of one percent by volume and each year, has 50 percent of its news columns devoted to news of local interest to the community which it purports to not more than three and two-tenths percent by serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other weight. publication unless the duplicated material is from recognized general news services. (4) Said newspaper is circulated in 2.03. "Intoxicating liquor" means any distilled, and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second-class mat - fermented or vinous beverage containing more ter at the Chaska Post Office. (5) Said newspaper has its known office of issue established in Carver County in which lies than three and two-tenths percent of alcohol by the City of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said weight. newspaper is available at single or subscription prices to any person, corporation, partnership or other incorporated 2.04. "Original package" means the bottle or association requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all the sealed container in which the liquor is placed by the foregoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of manufacturer. State of Minnesota prior to January 1, 1976 and each January 1 thereafter an affidavit in the form prescribed by the 2.05. "Bona fide club" means an organization Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that organized for social or business purposes, or for in- tellectual improvement, or for the promotion of the newspaper is a legal newspaper. sports, where the serving of beer is incidental to L e n a i 7 G and not the major purpose of the club. 2.06. "Restaurant" means a place of which the He further states on oath that the ---------- major business is preparing and serving lunches or hereto attached as a part meals to the public to be consumed on the premises. — — __ __ _ __— 2.07. "Tavern" means an establishment operated hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once principally for the "on" and "off" sale of beer, cigars, cigarettes, all forms of tobacco, beverages each week, for successive weeks; that it was first so published on'.-!PAJ_ the ? 3rd day of 1f'2. and and soft drinks at retail. 2.08. "Hotel" includes a motel and means an was thereafter printed and published on every _— ___ to and including the __ day of _ __—, 19____ and establishment with a resident proprietor or manager, where, for payment, food and lodging are that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as regularly furnished, and which maintains for use of being the size and kind of type used in the composition and publication of said notice, to wit: its guests not less than 15 guest 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 abcdefghijklmno stuvwxyz time. SECTION 3. LICENSE REQUIRED. 3.01. No person, except wholesalers and manufac- % turers to the extend authorized by law, shall deal in r° �- or dispose of by barter, sale or otherwise, or keep or - offer for sale, any beer within the City without first having received a license as hereinafter provided. Licenses be two (1) Retail "on sale"; 7 G "-kinds : shall of and (2) Retail off sale."e�1 Subscribed and sworn to before me this= ay of _. —_'—'� 3.02. "On Sale" licenses shall be granted only to bona fide clubs, taverns, restaurants, hotels and to exclusive liquor stores licensed to sell intoxicating -- liquors at on sale. "On Sale" licenses shall permit the sale of beer for consumption on the premises on- 3.03. "Off Sale" licenses shall permit the sale of fi ra t t (Notaribl Se4l) , > • beer at retail, in the original package for consump- C A z � , : , i Y tion off the premises only. t e .! My C u jz «l ` , SECTION 4. APPLICATIONS FOR LICENSE. 4.01. Every application for a license to sell beer �*ai�s�►t��rorsssr�es� -. r..,. e. �„V shall be made on a form pupplied by the City and Notary public, County, MN shall state the name of the applicant, his age, _— , My Commission Expires__ representations as to his character with such references as may be required, -his citizenship, whether the application is for "on sale" of "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 City Council may require from time to time. It shall be unlawful to make any false statement in an applica---^ ► ( tion. Applications shall be filed with the City Clerk. ,� c a cD 0 0 Q a 0 CO • 4.02. Proof of Financial Responsibility. Prior to the issuance or renewal of an "on" sale or "off" sale non -intoxicating malt liquor (beer) license, the applicant shall file with the State Commissioner of Public Safety and the City Clerk proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95, as a condition to the issuance or renewal of his license. Proof of financial responsibility may be given by filing: a. A certificate that there is in effect an insurance policy or pool providing the following minimum coverages: 1. $100,000 because of bodily injury to any one per- son in any one occurrence, and, subject to the limit for one person, in the amount of $300,000 because of bodily injury to two or more persons in any one oc- currence, and in the amount of ;20,000 because of injury to or destruction of property of others in any one occurrence. 2. $100,000 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $.300,000 for loss of means of support of two or more persons in any one occur- rence; or b. A certificate of the State Treasurer that the licensee has deposited with him $300,000 in cash or securities which may be legally purchased by sav- ings banks or for trust funds having a market value of $300,000. Any liability policy required by this section shall further provide that it may not be cancelled for any cause, either by the insured or the insurance com- pany without first giving ten days' notice to the municipality in writing of intention to cancel it, ad- dressed to the City Clerk. 4.03. The provisions of Section 4.02 above may be waived, at the discretion of the City Council, for temporary on -sale licenses, as described in Section 15.01 of this ordinance. SECTION 5. LICENSE FEES. 5.01. Payment of License Fees. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid in- to the general fund of the City. Upon rejection of any application for a license, the City Treasurer shall refund the amount paid. 5.02. License Expiration Date. All licenses shall expire on the 30th day of April in each year. Each license shall be issued for a period of one year, ex- cept 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. Annual License Fee. The annual fee for "on sale" and `off sale" licenses shall be determined at the February City Council meeting each year. 5.04. Conditions of Refund. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon ap- plication to the City 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, computed 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 City making it unlawful for the licensed business to continue. SECTION 6. GRANTING OF LICENSE. 6.01. Investigation. The City Council shall in- vestigate all facts set out in the application. Oppor- tunity shall be given to any person to be heard for or against the granting of the license. After such in- vestigation and hearing the City Council shall grant or refuse the application on its discretion. 6.02. Person and Premises Licensed; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person, firm or corporation or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior Council approval is a ground for revocation of the license. 6.03. Non -Transferability. Each license shall be issued to the applicant only and shall not be transferable to another holder: FAwh-lieenee h - be issued only for the premises described in the ap- plication. No license may be transferred to other premises without the approval of the City Council_ 0 00 r W 0 `ii O D Ti 79 C 6,04. Enlargement, Alterations or Extension of Premises. Proposed enlargement, alteration or ex- tension of licensed premises shall be reported to the City Clerk at or before the time application is made for a building permit for any such change, and the licensee shall also furnish such other information as may be required by the City Council. 6.05. Death of Licensee. In case of death of any "off sale" or "on sale" non -intoxicating malt liquor licensee, 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. Ineligibility For License. No license shall be granted to any person: (1) Who is 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 in- toxicating liquors. (3) Who is a manufacturer of beer. (4) Who is not a citizen of the United States. (5) Who is a non-resident of the City 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 f edera retail of uor dealer's special tax stamp intox- icating liquor at any location unless there has also been issued to him a city license to sell intoxicating liquor at such location. (9) Who is not the proprietor of the establishment for which the license is issued. SECTION S. PREMISES INELIGIBLE FOR LICENSE. 8.01. Delinquent Claims. No license shall be granted for premises on which taxes, special assessments or other financial claims of the City are delinquent and unpaid. SECTION 9. CONDITIONS OF LICENSE. Every non -intoxicating malt liquor licensee shall be sub- ject to the following subdivisions and all other pro- visions of this ordinance and other applicable City ordinances and state law: 9.01. Posting of License. All licensed premises shall have the license posted in a conspicuous place. 9.02. Gambling. No gambling nor any gambling devise shall be permitted on any licensed premises. 9.03. Manufacturers and wholesalers. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licens- ed to sell non -intoxicating malt liquor at retail. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase con- tract, and no retail licensee shall receive any benefits from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall con- fer any benefits upon a retail licensee. 9.04. Federal Tax Stamp. 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 Min- nesota and the City to sell intoxicating liquors. 9.05. Intoxicating Liquors. 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 li- quids for the purpose of mixing with intoxicating li- quor. 9.06. inspection. 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. 9.07. Order and Sobriety. 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 provided by this ordinance equally with the employee. 9.08. $anquets and Dinners. An "on sale" license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or din- ners at which are present not less than 8 persons. 9,09, Clubs. No club shall sell beer except to members and to guests in the company of members. 9.10. Partitions or Screens. Except as permitted under Section 9.08 hereof, the view of the whole in- terior of any place licensed for "on sales" of beer shall be unobstructed by screens, curtains or parti- tions. There shall be no partition, stall, screen, cur- tain 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. 9.11. Removal From Premises. No licensee shall permit any person to remove and no person shall remove from the premises named in the license for which it was granted, any bottle or receptacle which contains non -intoxicating malt liquor which bas been opened, or the seal broke, or the contents of which have been partially removed. Each licensee shall post, in a conspicuous location near each exit from the premises named in the license for which it was granted, a sign advising the public of the penalties provided in this ordinance for the violation of the provisions of this section. SECTION 10. ILLEGAL SALES AND CONSUMP- TION. 10.01. Underage Persons. It is unlawful for any: (1) Licensee or his employee to permit any per- son under the age of 19 years to consume non - intoxicating malt liquor on the licensed premises except as provided in paragraph (5) of this subdivi- sion; (2) Person other than the parent or legal guar- dian to procure non -intoxicating malt liquor for any person under the age of 19 years; (3) Person to induce a person under the age of 19 years to purchase or procure non -intoxicating malt liquor; (4) Person under the age of 19 years to misrepre- sent his age for the purpose of obtaining non - intoxicating malt liquor; (5) Person under the age of 19 years to consume any non -intoxicating malt liquor unless in the com- pany of his parent or guardian; (6) Person under the age of 19 years to possess any non -intoxicating malt liquor, with intent to con- sume it at a place other than the household of his parent or guardian. (7) Person under the age of 19 years to sell or serve beer in any "on sale" establishment. 10.02. General Illegal Sales and Consumption. It is unlawful for any: (1) Licensee or his employees to sell to or allow the consumption of beer by any intoxicating person. (2) Person to consume or display any non - intoxicating malt liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors. (3) Person to consume, and no licensee shall per- mit the consumption of any non -intoxicating malt li- quor 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. (4) Person to consume on licensed premises, and no licensee shall permit the consumption of non - intoxicating malt liquor fifteen (15) minutes the sale of such non -intoxicating q s hibited. SECTION 11. CLOSING HOURS. 11.01. Hours of Sale. No sale of non -intoxicating malt liquor shall be made between the hours of one a.m. and eight a.m. on any weekday Monday through Saturday inclusive. Neither shall any sale of such liquor be made on any Sunday between the hours of one a.m. and twelve o'clock noon, nor bet- ween the hours of one a.m. and eight o'clock p.m. on the day of any statewide election. SECTION 12. TEMPORARY "ON -SALE" LICENSE.' 12.01. Temporary Licenses. In addition to the other licensing provisions of this ordinance, the Ci- ty Council may grant a temporary "on -sale" non - intoxicating malt liquor license to any bona fide club, or charitable, religious, or non-profit organization, where the serving of non -intoxicating malt liquor is incidental to and not the main pur- pose of said club, charitable, religious, or non-profit organization. Said temporary license shall be sub- ject to such terms and conditions, including but not limited to a license fee and a specified period of limited duration, as the City Council shall prescribe at the time said license is issued. The holder of such temporary license shall be subject to all other pro- visions of this ordinance. SECTION 13. SUSPENSION AND REVOCA- TION. 13.01. Proof of Financial Responsibility. The operation of an off -sale or on -sale licensed business without first having on file at all times with the City proof of financial responsibility as defined in Sec- tion 4.02 hereof shall be grounds for immediate revocation of license, without notice and without hearing. Failure to file with the City Clerk replace- ment proof of financial responsibility as defined in Section 4.02 hereof within ten (10) days of receipt by the City of a notice of cancellation of any insurance policy furnishing such proof of financial respon- sibility shall be grounds for immediate suspension of the license until such time as such proof of finan- cial responsibility has been filed with the City Clerk. Operation of an off -sale or on -sale business during the period of any such suspension shall be grounds for immediate revocation of the license, without notice and without hearing. 13.02. Other Grounds for Suspension or Revoca- tion. In all other cases of violation of the terms of this ordinance by a licensee, a license granted under this ordinance may be revoked or suspended by the City 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 City Council may suspend any license pending a hearing on revocation or suspension. SECTION 14. PENALTY. 14.01. Violation. Any person violating any provi- sion of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500.00 or imprisonment in the coun- ty jail for not more than 90 days, or both, and shall pay the cost of prosecution in any case. SECTION 15. REPEAL. Ordinances No. 34, 34A, 34B, 34C-1, 34C-2, 34D, passed respectively on February 24, 1969, February 7, 1971, June 23, 1975, October 20, 1975, September 20, 1976, and July 18, 1977 are hereby repealed in their entirety. SECTION 16. EFFECTIVE DATE. This or- dinance becomes effective upon its passage and publication according to law. Passed by the City Council this 14th day of February, 1983. /s/ Thomas L. Hamilton Mayor Attest: City Clerk/Manager (Pub. Carver County Herald February 23, 1983)