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HomeMy WebLinkAboutNo 36 Regulating the Sale of Non Intoxicating Malt Liquor within the Village of Maplewood, Providing for Such Sales by Duly Licensed Persons, Establishing Regulations...ORDINANCE L6 AN ORDINANCE REGULATING THE SALE OF NON - INTOXICATING MALT LIQUOR WITHIN THE VILLAGE OF MAPLEWOOD, PROVIDING FOR SUCH SALES BY DULY LICENSED PERSONS, ESTABLISHING REGULA- TIONS FOR THE OPERATION OF PLACES WHERE SUCH NON -INTOXICATING MALT LIQUOR IS SOLD, PROVID- ING REGULATIONS FOR THE GRANTING OF SUCH LICENSES, FIXING LICENSE FEES, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND RE- PEALING ALL INCONSISTENT ORDINANCES. THIS IS AN EMERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRESERVATION OF THE PUBLIC HEALTH AND SAFETY. THE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES ORDAIN: Section 1. It shall be unlawful to sell non -intoxicating malt liquors at retail except when licensed as hereinafter provided. There shall be two types of licenses issued for the sale of non -intoxicating malt liquors, as hereinafter set. ol�t, namely: (a) "On sale" licenses shall permit the licensee for the sale of said non -intoxicating malt liquors to sell such for consumption on the premises. "On sale" licenses shall be granted only to restaurants, hotels, drug stores, and. bora fide clubs. (b) "Off sale" licenses shall permit the licensee of ouch non-iir,onicating malt liquors to sell same in original packages for consumption off the premises only. Section 2. Any person desiring either of -;he .Licenses_, as hereinbefore described shall first make an application therefor to the Council of the Village of Maplewood by filing with the Village Clerk of said Village for presentation by him to the Council of an application in writing therefor, which said application shall set forth with reasonable accuracy the name and place of residence of the applicant, the exact location of the place at which the applicant proposes to carry on the business of selling non -intoxicating malt liquors, and whether or not he has at any time previous to the date thereof been engaged in said business or in the business of selling foodstuffs in the Village of Maplewood, and if so, when and where. Said application shall be signed by the applicant in person or by an officer of the club seeking said license or by an officer of the corporation seeking said license, and when received by the Village Clerk shall be by him placed on file, and the name of the applicant shall be by him registered in a book of registration to be kept in the office of said Village Clerk for that purpose; provided, however, that said Village Ordinance #36 , Page 2 Clerk shall not receive such application or register the name of such applicant unless the application is accompanied by a receipt from the Village Clerk provided for in the next section hereof. Section 3. Upon the filing of an application for either of the licenses hereinbefore provided for, the applicant shall pay to the Village Clerk the sum of Forty and 00/100 (4.0.00) Dollars if the application is for an "on sale" license, and the sum of Five and 0100 ($5.00) Dollars if the application is for an "off sale" license, and the said Village Clerk shall thereupon deliver to such applicant a receipt tnerefor. Section 4. The applicant shall permit the officers of the Village, as well as representatives of the Police and Fire Departments, to inspect and examine the place of business described in the application, together with al! the appliances and instruments used or to be used in the transaction of the business r which the "icense is sought, and any refusal on the part of such applicant to permit sucli inspection stall be deemed as sufficient ground upon which the Council shall refuse ';,o issue the license applied for. Section 5. The Village Clerk shall transmit his recommendations to the Council, together with any reports from the Police or the Fire Departments, and tKe Council shall thereupon consider the application and grant or deny the same. Section 6. No corporation to which a license has been granted hereunder shall transfer any stock in such corporation without the consent of the Village Council. It is hereby made the duty of the officers of any corporation holding a license issued under the authority of this ordinance to notify the Village Council of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer of stock shall be effective without the consent of the Council. The transfer of any stock without the knowledge and consent of the Village Council shall be deemed sufficient cause for re- vocation by the Council of any license granted to such corporation under the authority of this ordinance or any other licensing ordinance of the city under which such corpora- tion has received any license from the Village. Such corporation officers shall also notify the Village Council whenever any change is made in the officers of any such corporation, and the failure to so notify the Council shall likewise be sufficient Ordinance #36 , Page 3 cause for revocation of any license issued to such corporation. Section 7. It shall be unlawful to sell such non -intoxicating malt liquors to any person under twenty-one years of age. Section 8. No such non -intoxicating malt liquors in excess of one half of 1% of alcohol by volume shall be sold either "on sale" or "off sale" between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on week days, nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock P.M. on any election day. No "on sale" licensee shall permit any such non - intoxicating malt liquors in excess of one-half of l% of a;.cohol bl uoiume to be consumed on his premises during the hours when the sale thereof Is by this ordinance prohibited_; pro- vided, however, that the licenses shall be allowed a thirty (30) minute period following the 1:00 o'clock A.M. closing hour to clear the premises o.° 3ustomers who are on the premises at 1:00 o'clock A.M. and such customers c.iring that time raa;y consume any such intoxicating malt beverage purchased by them before i:00 o'clock A.M. Section 9. Dancing wherein the public participates and dancing, singing and other. vaudeville exhibitions or entertainment are hereby at all times prohibitea on the premises of any "on sale" licensee; provided, however, that if such premises are ruly li^.ensed for operation as a tavern under the ordinances of the Vi i.lag'. of Maplewood relating to taverns, such dancing, exhibitions or entertainment may be permitted. Section 10. All music, by whatever means provided, is hereby prohibited upon the premises of any "on sale" licensee between the hours of 9:00 o'clock P.M. of any one day and 9:00 o'clock A.M. of the following day, except where such premises are duly licensed as a tavern under the ordinances of the Village; provided that an "on sale" licensee is hereby permitted to operate a radio or phonograph and obtain music therefrom between said hours of 9:00 o'clock P.M. and 9:00 o'clock A.M., provided further that the tone of such radio or phonograph is modulated so as not to annoy the occupants of nearby premises. The failure of any "on sale" licensee using a radio or phonograph between said hours to keep the same from becoming a nuisance to occupants of nearby premises shall be deemed sufficient cause, in the discretion of the Council, to revoke his license to sell such non -intoxicating malt Ordinance #36 , Page 4 liquor. Section 11. Any act of any clerk, barkeeper, agent, servant, or employee, in violation hereof, shall be deemed the act of the employer and licensee of such place, as well as that of said clerk, barkeeper, agent, servant, or employee, and every such employer and licensee shall be liable to all the penalties provided herein for the violation of same, equally with the said clerk, barkeeper, agent, servant, or employee. Section 12. For the purposes of this ordinance, intoxicating liquor is hereby defined to mean and include ethyl alcohol and any distilled, fe mented, spirituous,, vinous, or malt liquid of any kind potable as a beverage, which liquor c;cnta.irns an alcoholic content in excess of 3.2 percent thereof by weight. Section 13. It is hereby made the duty of the police officers of. the Village to notify the Village Council whenever any person is convicted of a vio"-ation of this ordinance,. Such conviction shall be deemed sufficient cause for the G!111a.�e Couacil to revoke any license issued to such convicted person under this Section 14. Licenses herein provideMor shall run f o. a period c,i crie year from July lst, the first license year to commence July .., lv_�,9 sna if fur a. shunter period than one year, the license fee shall be pro rated on a nronth_.y l.z,sis, Licc rLse.i issued by the County of Ramsey and held by licensees at the time of the passage of this ordinance shall remain in force until July 1, 1957 so that such licensees shall not be required to procure a license under this ordinance during the period between the date of adoption of this ordinance and July 1, 19570 Section 15. Nothing herein contained shall be construed to prohibit the sale and delivery in original packages direct to the consumer, by the manufacturer or distributor of non -intoxicating malt liquors. Section 16. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a fine of not to exceed One Hundred Dollars (100.00) or by imprisonment for a period not exceeding ninety (90) days. Section 17. This ordinance is hereby declared to be an emergency ordinance Ordinance # 36 Page 5 rendered necessary for the preservation of the public peace, health and safety. Section 18. This ordinance shall take effect and be in force from and after its passage and publication. Passed the Council this day of April 1957. Attest: Clerk Mayor Ayes - Nays - ORDINANCE ;r __7 AN ORDINANCE REGULATING THE SALE OF NON - INTOXICATING MALT LIQUOR WITHIN THE VILLAGE OF MAPLII�'WOOD, PROVIDING FOR SUCH SA E S BY DULY LICENSED PERSONS, ESTABLISHING REGULA- TIONS FOR THE OPERATION OF PLACES WHERE SUCH NUN -INTOXICATING MALT LIQUOR IS SOLD, PROVID- ING REGULATIONS FOR THi1" GRANTING OF SUCH LICENSES, FIXING LICENSE FEES, PROVIDING PENALTIES FOR THE-' VIOLATION THEREOF, AND RE - PEP -LING ALL INCONSISTENT ORDINANCES. THIS IS AN E141ERGENCY ORDINANCE RENDERED NECESSARY FOR THE PRE SERVATION OF THE PUBLIC HEALTH AND SAFETY. THE COUNCIL OF THE VILLAGE OF MAPL-�,'WOOD DOES ORDAIN: Section 1. It shall be unlawful to sell non -intoxicating malt liquors at retail except when licensed as hereinafter provided. There shall be two types of licenses issued for the sale of non -intoxicating malt liquors, as hereinafter set out, namely: (a) "On sale" licenses small permit the licensee for the sale of said non -intoxicating malt liquors to sell such for consumption on the premises. "On sale" licenses shall be granted only to restaurants, hotels, drug stores, and bona fide clubs. (b) "Off sale" licenses shall permit the licensee of such non - intoxicating malt liquors to sell same in original paci�:ages for con- sumption off the prernises only. Sec. 2. Any person desiring either of the licenses as herein- before described shall first malke an application therefor to the Council of the Village of iviaplewood by filing; with the Village Clerk of said Village for presentation by him to the Council of an applica- tion in writing therefor, which said application shall set forth with reasonable accuracy the name and place of residence of the applicant, the exact location of the place at which the applicant proposes to carry on the business of selling non -intoxicating .aalt liquors, and whether or not he has at any time previous to the date thereof' been . Ordinance # , Page 2 engaged in said business or in the business of selling foodstuffs in the Village of IvIaplewood, and if so, when and where. Said applica- tion shall be signed by the applicant in person or by an officer of the club seeking said license or by an officer of the corporation seeking said license, and when received by the Village Clerk shall be by him placed on file, and the name of the applicant shall be by him registered in a book of registration to be kept in the office of said Village Clerk for that purpose; provided, however, that said Village Clerk shall not receive such application or register the name of such applicant unless the application is accompanied by a receipt from the Village Clerk provided for in the next section hereof. Sec. ?. Upon the filing of an application for either of the licenses hereinbefore provided for, the applicant shall pay to the Village Clerk the sum of Forty and 00/100 ("P040.00) Dollars if the application is for an "on sale" license, and the sum of Five and 00/100 ($5.00) Dollars if the application is for an "off sale" li- cense, and the said Village Clerk shall thereupon deliver to such applicant a receipt therefor. Sec. 4. The applicant small permit the officers of the Village, as well as representatives of the Police and Fire Departments, to inspect and examine the place of business described in the applica- tion, together with all the appliances and instruments used or to be used in the transaction of the business for which the license is sought, and any refusal on the part of such applicant to permit such inspection shall be deemed as sufficient ground upon which the Coun- cil shall refuse to issue the license applied for. Sec. 5. The Village Clerk shall transmit his recommendations �. to the Council, together with any reports from the Police or the. Fire Departments, and the Council shall thereupon consider the appli- cation and grant or deny the same. Ordinance ;= page Sec. o. No corporation to which a license has been granted here- I%.- under shall transfer any stock in such corporation without the eon - sent of the Village Council. It is hereby made the duty of the offi- cers of any corporation holding a license issued under the authorit�T of this ordinance to notify the Village Council of any proposed_ sale or transfer of any stock in such corporatlon., and no such sale or transfer of stock shall be effective without the consent of the Coun- cil. The transfer of any stock without the knowledge and consent of the Village Council shall be deemed sufficient cause for revocation by the Council of any license granted to such corporation under the authority of this ordinance or any other licensing ordinance of the city under which such corporation has received any license from the Village. Such corporation officers shall also notify the Village Council whenever any change is made in the officers _f any such cor- poration, and the failure to so notify the Council shall likewise be sufficient cause for revocation of any license issued to such corpora- tion. Sec. 7. It shall be unlawful to sell such non -intoxicating malt liquors to any person under twenty-one ,years of age. Sec. 8. No such non -intoxicating malt liquors in excess of one half of 1jo of alcohol by volume shall be sold either "on sale" or it sale" between the hours of 1:00 otclock A.M. and 8:00 otcloc1A.it-. on week days, nor between the hours of 1:00 otclock A.M. and noon on Sundays, nor between the hours of 1:00 otclock A.P. and 8:00 otclock P.I. on any election day. No "on sale" licensee shall permit any such non -intoxicating malt liquors in excess of one-half of 1% of alcohol by volume to be consumed on his premises during the hours •.,. when the sale thereof is by this ordinance prohibited; provided, how- ever, that the licensee shall be allowed a thirty (30) minute period Ordinance il" Pa e - 4 following the 1:00 otclock A.I�i, closing hour to clear the premises of customers who are on the premises at 1:00 O'clock A.M. and such customers durin,- that time may consume any such intoxicating malt beverage purchased by thein before 1:0)J o t clock A..1,4. Sec. 9. Dancing wherein the public participates and dancing, singing and other vaudeville exhibitions or entertainment are here- by at all times prohibited on the premises of any "on sale" licensee; provided, however, that if such premises are duly licensed. for opera- tion as a tavern under the ordinances of the Village of Maplewood relating to taverns, such dancing, exhibitions or entertainment may be permitted. Sec. 10. All music, by whatever -neans provided, is hereby pro- hibited upon the premises of any "on sale" licensee between the hours of 9:00 o t clock P.M. of any one day and 9:00 O'clock A .ivi . of `-� the following day, except where such premises are duly licensed as a tavern under the ordinances of the Village; provided that an "on sale" licensee is hereby permitted t�, operate a radio or phonograph and obtain _music therefrom between said hours of 9:00 otclock P.M. and 9:00 otclock A.M., provided further that the tone of such radio or phonograph is modulated so as not to annoy the occupants of nearby premises. The failure of any "on sale" licensee using a radio or phonograph between said hours to keep the same from becoming a nui- sance to occupants of nearby premises shall be deemed sufficient cause, in. the discretion of the Council, to revoke his license to sell such non -intoxicating malt liquor. Sec. 11. Any act of any clerk, barkeeper, agent, servant, or employee, in violation hereof, shall be deemed the act of the em- ployer and licensee of such place, as well as that of said clerk, barkeeper, agent, servant, or employee, and every such employer and Ordinance Pavy licensee shall be liable to all the penalties provided 'herein for the violation of same, equally with the said. clergy., barkeeper, agent, servant, or employee. Sec. 12. It hall be u lawful for y sell non -i oxicatin aalt liq or, but not to 'eating li uor, or or any of is agents, to ha e in thei possess'on on sai' i liquor l'or the pu pose of consu-n pti licensed person d\linto,icating ensed to my licesell in- ervantriployees p mise by any one. Sec. lit. For the purposes of this ordinance, intoxicating li- quor .is hereby defined to mean and include ethyl alcohol and any distilled, fermented, spirituous, vinous, or malt liquid of any kind potable as a beverage, which liquor contains an alcoholic content in excess of 3.2 percent thereof by weight. Sec. 14. It is hereby made the duty of the police officers of the Village to notify the Village Council whenever any person is con- victed of a violation of this ordinance. Such conviction. shall be deemed sufficient cause for the Village Council to revoke any license issued to such convicted person under this ordinance. Sec. 14. Licenses herein provided for shall run for a period of one year from July lst, the first license year to commence July 1, 1957, and if for a shorter period than one year, the license fee shall be pro rated on a monthly basis. Licenses issued by the County of Ramsey and held by licensees at the time of the passage of this ordinance shall remain in force until July 1, 1957 so that such li- censees shall not be required to procure a license under this ordi- nance during the period between the date of adoption of this ordi- nance and July 1, 1957. Sec. 1S. Nothing herein contained shall be construed to prohibit the sale and delivery in original packages direct to the consumer by the manufacturer or distributor of non -intoxicating malt liquors. Ordinance ,� Par,e 5 Sec. 11�. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a fine of not to exceed One Hundred Dollars ($100.00) or by imprisonment for a period not exceeding ninety (90) days. Sec. 17. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Sec. 1S. This ordinance shall taKe effect and be in force from and after its passage and publication. tf. Passed the Council this day of April, 1957. Mayor Attest: Ayes - 5 Nays - a Clerk