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HomeMy WebLinkAboutNo 229 Providing for the Sale of Liquor on Sundays in Restaurants Having an On Sale Liquor License and Amending Maplewood CodeGlDII1A1tCE NO, 229 All ORI9 NANCE PROVIDING FOR THE aALE OF LIQUOR ON StUDAYS IN UST&URAPr4 RA.WNG �W 04 SATZ LIQUOR LICOSE AND ADW MAPLSWOOD CODE. TIRE COUNCIL OF THE VILLAGE sr' HAPLD100D WKS HUBBY ORDAIN AS FOLLOWS Section 1. The N&V14wood Code is hereby amereenedesd by a"ing at new section as fallow "703.151. SVMY SALW. The holder of an "on -sale" liquor Iicense may apply to the Council for a Sunday ^sale:r, license pursuant to which sucb licensee nay sell intoxicating liquor between the hours of 12 Norm and 12 Midnight CIL 2vadWW. so :application for such license shall bg made at the same time and upon the same application as the "cont-saie'lli.censee ureses to apply for his "on -arcate" iie~ee or reel thereof. If the first application for Sunday sales license is wade before the time for renewing the "ottwsaale" lican se, they Clerk may provide for a supplementary application by means of which the application for the :special Sunday licensees shall be ukade. No such Suatdaty s -ales ligase shall be issued to any "on -sale" licensee unless 2uch licensee is operating a 1>oua fide restaurant serving smale regularly to the public and having facilities for serving at 'least 30 diners at the 3a mer time; and liquor may be served on Sunday only to people aeated at restaurant or dining room table -'3." Section 2. The Maple -wood Code, '�ection 713.100 is ammesmtlaed to read as folk++ ; "703.00 LICJXSX ?US. The lic:ense fee for an 'eon sale's license is hereby fixed at the sum of Two Thouasead Mad 00/100 ($2,000.00) Dollars per year. The license fee for an "on sale" licensee qualified to serve liquor an days is hereby fixed at one Hundred and 00/100 ($103.00) Dollars per year for the yeeear 1467, and at Two Hundred and 0/100 ($200.00) Dollars per year for each and every year t heereeaf ter . The license fee for an "off -sale"' license is hereby fixed at Two Hundred &amd 00/100 ($2.00.00) Dollars per year. The above stated licensee feet) shall apply whether the license is for a full year or any part of a year." Section 3. The Maplewood Code, Section 703.080, paragraph (2) is amended to read as follows: 11(2) BM. No "oar sale" license shall be gra.:}ted until a box. in the amount of Three *aW#a d and 00/100 ($3,000.00) Dollars has been furnished, approved t, y and filed Fritts than proper Village officers. Such IKmd ash&ll cover both the regular :son sale" license and any Sunday ss.les license issued to the sable licensee. No "off sale" license shall be granted until a beard in the sunt of Eine Ihoursand Dollars ($1,010.10) shall be furnished and approved Ily the tate Liquor vontraol Co xissioner and the Village Council, and filed with the proper Village officers. 'They surety on such bond shall be a surety company duly licensed to do husine9s i.c� the State of Hinnesota, and the bond shall be approved as to forts a:ul execution by the ViIlUge Attorney. All bonds whi o approved by the proper Village or state officers, :as the case may 6e, shall >e deposited with the Village Clerk. All such bonds, whether "off sale' or "can sale" shall b$ condiLin.sed a9 fcollow$ ; (a) That the licensee will obey the law relating to such licaensawd busiaeaes. (b) That the licensee will pay to the municipality, Aso ate, all takes, license fees, penalties and ether chargees vrovi4ed by law. (c) that in the event of any violation of The provisions of any Lao► realatiang to the business for which the license haat bow Wmnted for the sale of i+ntaaKicaating liquor, such basad shall be forfeited to 'T10 smicipality in which such licensee was iaaued. (d) Than the licensee will pages, to tho vatest of the principal amount of Such toad, any damages for death or injury caumA by or resulting from the violation of any provisions of lawn relating to the lousiness for which such Licensee has been granted a license, :and further conditioned, that such recovery may be had also .against the surety on his bm'd . Whe a1 - s "t specified in any bon4 req*red is beareby declared to 'ae x penalty and the aunt recoverable shall be measured by the actual damages, provided however that the surety thereon shall not to liable for any amount in excess of the penal amount of the bond. All such bonds shall be for the henefit of the oblips and of all persons suffering daeesrm by reason of the breach of the tonditims thereof. Such bonds shall run to the village as oblins, and in the event of a fertfetiture of any such bond for violation of the later, the District Court of Ramsey County may forfeit the penal sus of the said bond to the Village." Section 4. This aovlinanc:e sball take effect and be in force from anal after its passatp and publ.icattiou. Passed this day of1,..,:Gti'.:, 1967by the<Co�uncil of the Vi1�of MaplowsW. mayor Attest: Ayes )by$ C C .'� G' ORDINANCE NO. 229 AN ORDINANCE PROVIDING FOR THE SALE OF LIQUOR ON SUN- DAYSANTS HAV- ING AN ONIN ESALERLIQUOR LI- CENSE AND AMENDING MA- PLEWOOD CODE. THE COUNCIL OF THE VILLAGE OF �&tnte of Aiinitrzota MAPLEWOOD DOES HEREBY OR- DAIN AS FOLLOWS: �• Section I. The Maplewood Code ls' County of Ramsey hereby amended by adding a new sec- T. R Lillie tion as follows: "703.161. SUNDAY SALES. The hold- er of an "on -sale" liquor license may i---------------------------------------------------------------------- being duly sworn, on oath says; apply to the Council for a Sunday sales license pursuant to which such licensee that he is, and during all the times herein stated has been_____________________________________________ may sell intoxicating liquor between the hours of 12 Noon and 12 Midnight on Sunday. The application for such license the ______________________-._.-___-_ _publisher of the newspaper known as Ramsey County Review, shall be made at the same time and :.nu has lull knowledge of the facts;sinafter stated; that for more than one year prior to the publiea- upon the same application as the ' on- ordinance sale" licensee uses to apply for ,his tion therein of the__________ ----------------------------------------------------------------------- "on -sale" License or rewa el thereof. If ne the first application for Sunday sales license is made before the time for re-___________________________________________________________________________________hereinafter described, newing the "on -sale" license, the Clerk said newspaper was printed and published in the Village of North St. Paul, in the County of Ramsey. may provide for a supplementary appli- State of Minnesota, on Wednesday of each week; that during all said time said newspaper has been print - cation by means of which the applica- ed in the English language from its known office of Publication within the Village from which it pur- tion for the Special Sunday license shall ports to be issued as above stated and in newspaper format and in column and sheet form equivalent be made. No such Sunday sales license in space to at least 460 running inches of single column, two inches wide; has been issued once shall be issued to any "on -sale" licensee each week from a known office established in said place of publication and employing skilled workmen unless such licensee is operating a bona and equipped with the necessary material for preparing and printing the same, and the presswork on that fide restaurant serving meals regularly I part of the newspaper devoted to local news of interest to the community which it purports to serve has Ito the public and having facilities for been done in its known office of publication; that during all said time in its makeup not less than twenty - serving at least 30 diners at the same I five per cent of its news columns have been devoted to local news of interest to the community it pur- or Itime; and liqumay be served on Sun- ports to serve; that during all said time it has not wholly duplicated any other publication, and has not day only to people seated at restaurant I been entirely made up of patents, plate matter and advertisements; has been circulated in and near its or dining room tables."said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered s Section 2. The Maplewood Code, Sec- to paying subscribers and has entry as second class matter in its local poet office; and that a copy of each tion 703.100 is amended to read afol- issue has been filed with the State Historical Society, St. Paul; and that there has been on file in the lows: office of the County Auditor of Ramsey County, Minnesota, the affidavit of a person having knowledge "703.100 LICENSE FEES. The license I of the facts, showing the name and location of said newspaper and the existence of the conditions fee for an "on sale" license is hereby constituting its qualifications as a Iggal newspaper. fixed at the sum of Two Thousand and ordlnanee 00/,,00 1$2.000.00) Dollars per hereto attached was cut from the That the ------------------------------------------------------ 1 The license fee for an "on sale" n- columns of said newspaper, and was printed and published therein in the English language, once each censee qualified to serve liquor on Sun- one days is hereby fixed at One Hundred I week, for___'F$ ______-____- cc�tsive weeks: that it w�y7first so Published on Wednesday and 00/100 ($100.00) Dollars per year ''t i.--'-'-- Oc offer for the year 1967, and at Two Hundred l and 00/100 ($200.00) Dollars Per year the______________________ day of_________ -------------- 19 ---- ; and thereafter on Wednesday for each and every year thereafter. ofeach week to and including the ------------------- day of ------------------------------ 19-__-; and The license fee for an 'off -sale" li- cense is hereby fixed at Two Hundred that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby and 00/100 ($200.00) Dollars per year. acknowledged as being the size and kind of type used in the composition and publication of said notice, The above stated license fees shall apply whether the license is., for a full I to -wit: 1 year or any part of a year. ewood Code, Sec- abcdefghijklmnopgratuvways Section 3. The Mapl�. tion 703.030, Paragraph (2) is amended I •�a�f�) to read as follows: �' "(2) BOND. No "on sale" license .hall be granted until a bond in the ___ __ _ ___�j__—_�__-----_----- amount of Three Thousand and 00/100 TTT Octob r 1�7 ($3,000.00) Dollars has been furnished, I Subscribed and sworn to before me- - ey -- 2- ----------- ------------------ --- approved by and filed with the Proper he Village officers. Such bond shall cover v _ _ _ ___________________________ both tregular "on sale" license and Notary Public, County, Minn. any Sunday sales license issued to the _______________________________________ same licensee.____ __ No "off sale" license shall be granted My until a bond in the sum of One Thou- Veommissioa azpiree -----------------I�---- �{j �CjQ1a 7 P� sand Dollars ($1,00o.00) -hall be far-' Notary Public, Ramsey County, Minn. nished and approved by the State Liquor I Ives Sept. 10, 1973 Control Commissioner and the Village Exp My Commission Council, and filed with the proper Vil- ` lege officers. e surety on such bond shall be a surety company duly licensed to do business in the state of Minnesota, and the bond shall be approved as to form and execution by the Village At- torney. All bonds when approved by the proper Village or state officers, as the case may be, shall be deposited with the Village Clerk. All such bonds, whe ther 'off sale' or "on sale" shall be conditioned as follows: (a) That the licensee will obey the law relating to such licensed business. (b) That the licensee will pay to the municipality, when due, all taxes, li- cense fees, penalties and other charges provided by law. (c) That in the event of any viola- tion of the provisions of any law relat- ing to the business for which the license has been granted for the sale of intoxi- cating liquor, such bond shall be for- feited to the municipality in which such license was issued. (d) That the leensee will pay, to the extent of the principal amount of such -bond, any damages for death or injury caused by or resulting from the viola- -tion of any provisions of law relating to the business for which such licensee has been granted a license, and further conditioned that such recovery may be had also against the surety on his bond. The amount specified in any bond required is hereby declared to be a pen- alty and the amount recoverable shall be measured by the actual damages, provided however that the surety there- on shall not be liable for any amount in excess of the penal amount of the bond. All such bonds shall be for the benefit of the obligee and of all persons suffering damages by reason of the breach of the conditions thereof. Such bonds shall run to the village as ob- ligge, and in the event of a forfeiture of any such bond for violation of the law, the District Court of Ramsey County may forfeit the penal such of the said bond, to the Village." Section 4. This ordinance shall take effect and be in force from and after its passage and publication. Passed this 26th day of September, 1967, by the Council of the Village of Maplewood. Louis P. Gilbert, Mayor Attest: James M. Hafner, Clerk Ayes 6 Nays - 0 (Review- Oct. 4. 1967 )