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Home My WebLink AboutNo 451 Amending the Maplewood Code by Adding Thereto Chapter 707 Concerning On-Sale Wine LicenseORDINANCE NO. 451 AN ORDINANCE AMENDING THE MAPLEWOOD CODE BY ADDING THERETO CHAPTER 707 CONCERNING ON -SALE WINE LICENSE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 707 of the Maplewood Code is hereby adopted in its entirety as follows: "707.010. DEFIJITIONS. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them: On -Sale wine license: Licenses authorizing the sale of wine not exceeding fourteen (14) per cent alcohol by volume, for consumption on the licensed premises only, and in conjunction with the sale of food. Restaurant: An establishment under the control of a single proprietor or manager, having appropriate facilities for serving meals and seating not fewer than twenty-five (25) guests at one time and where, in consideration of payment hherefor, meals are regularly servid at tables to the general public, and which employs an adequate staff to provide usual and suitable service to its guests. Seating: The usual and regularly available seating accommodations for guests of the establishment to sit at tables for the purpose of eating meals. "707.020. ISSUANCE RESTRICTED. On -sale wine licenses shall be issued only to restaurants meeting the requirements of this chapter. "707.030. HOURS OF OPERATION. Holders of "on -sale wine licenses" shall at all times observe the following restrictions upon the hours of operation: No sale of wine shall be made after 1:00 a.m. on Sunday, nor until 8:00 a.m. on Monday, nor between the hours of l:UU a.m. and 8:UU p.m. on the day of any statewide or city election. No on -sale of wine shall be made between the hours of 1:00 a.m. and 8:00 a.m. Monday through Saturday. "707.040. LICENSE REQUIRED. No person except wholesalers or manufacturers to the extent authorized under state license, except the municipal liquor dispensary, and except those having an on -sale intoxicating liquor license in accordance with chapter 701 through 704 shall directly or indirectly deal in, sell, or keep for sale any wine without first having a license to do so as provided for in this chapter. "707.050. NUMBER UNLIMITED. The number of on -sale wine licenses which may be issued under this article shall be unlimited. "707.060. LICENSE FEES. (1) The annual license fee for an on -sale wine license shall be based upon the seating capacity of the establishment to be licensed. Those fees shall be as follows: (a) Seating capacity of twenty-five (25) persons ... $ 500.00 (b) Seating capacity of over twenty-five (25) persons • ......................................• 500.00 Plus, for each ten (IU) persons capacity in excess of twenty-five (25) persons, or fraction thereof 100.00 (c) Maximum fee required ........................... 2000.OU (2) The annual license fee shall be paid in full before the application for a license is accepted. All fees shall be paid into the general fund of the city. Upon rejection of auy application for a license, or upon with- drawal of an application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. (3) Where a new application is filed as a result of incorporation by an exist- ing licensee and the ownership control add interest in the license are unchanged, no additional license fee will be required. 707.U7U. EXPIRATIO". All licenses issued under the provisions of this division shall expire on the last day of December of each year. Section 2. This Ordinance shall take effect upon its passage and publication according to law. Passed by the City Council of the City of Maplewood, rlinnesota, this 7th day of September, 1978. Attest: Clerk: yor Ayes - 4 gays - U ORDINANCE NO. 451 AN ORDINANCE AMENDING THE MAPLEWOOD CODE BY ADDING WHERETO CHAPTER 707 CON- CON- CERNING ON -SALE WINE LICENSE AFFIDAVIT OF PUBLICATION THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 707 of the Maplewood Code is hereby adopted in its entirety as follows: ••707.010. DEFINITIONS For the purposes of this a4..,,, article, the following words and phrases shall have the �.4G IIItt 1Saa SItYLfSDItI 1 meanings respectively ascribed to them: On -Sale wine license: Licenses authorizing the sale of wine not exceeding fourteen i14) percent alcohol by I` County of Ra- ey volume, for consumption on the licensed premises only, and in conjunction with the sale of food. m N he. Lil.lic Restaurant: An establishment under the control of a - . - .. - - - ...... ............... a odo.r.e... ...... . .. . .... .. being duly sworn, on oath says single proprietor or manager, having appropriate I, i -I Assistant l�u'E lisher facilities for serving meals and seating not fewer than he isandduring all the times herein stated hasbeenthe................................................................. twenty five (25) guests at one timeantl where, in con- sideration of payment therefor, meals are regularly .................................................... publisherand printer of the newspaper known as Maplewood Review, served at tables to the general public, and which em and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the ploys an adequate staff to provide usual and suitable English language in newspaper format and in column and sheet form equivalent in printed space to at service to its guests. least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. Seating: The usual and regularly available seating (3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com- accommodations for guests of the establishment to sit at munity which it purports to serve and does not wholly duplicate any other publication and is not made tables for the purpose of eating meals. up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near ••707.020. ISSUANCE RESTRICTED. On sale wine the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than licenses shall be issued only to restaurants meeting the three months in arrears and has entry as second-class matter in its local post office. (5) Said newspaper requirements of this chapter. P purports to serve the Village of Maplewood in the County of Ramsey and it has its known office "707.030. HOURS OF OPERATION. Holders of "on- of issue in the Village of North St. Paul in said county, established and open during its regular sale wine licenses" shall at all times observe the business hours for the gathering of news, sale of advertisements and sale of subscriptions and main following restrictions upon the hours of operation: No tained by the publisher of said newspaper or persons in his employ and subject to his direction and sale of wine shall be made after 1:00 a.m. on Sunday, control during all such regular business hours at which said newspaper is printed. (6) Said news nor until 8:00 a.m. on Monday, nor between the hours of paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has 1:00 a.m. and 8:00 p m. on the day of any statewide or complied with all the foregoing conditions for at least two years preceding the day or dates of publi- city election. No on sale of wine shall be made between cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior the tours of 1:00 a.m. and 8.00 a.m. Monday through to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary Saturday of State and signed by the publisher and sworn to before a notary public stating that the newspaper is . • 707.040. LICENSE REQUIRED. No person except a legal newspaper. ,. �� No. IL wholesalers or manufacturers to the extent authorized He further states on oath that the printed ...Ordinance .................................................................. under state license, except the municipal liquor dispensary, and except those having an on -sale in. ....................... hereto attached as a part hereof was cut from the columns toxicating liquor license in accordance with chapter 701 of said newspaper, and was printed and published therein In the English language, once each week, for through 704 shall directly or indirectly deal in, sell, or keep for sale any wine without first having a t icense to .icy , , , • , .. ,successive Weeks; that it was first so published on Wednesday the do so as provided for in this chapter. ., "707.050. NUMBER UNLIMITED. The number of on. _ ra . , 1 r, sand sale wine licenses which may be issued ynfter this or- sale day of . • • .. • • • • • • • • • • • • • . • .. • • • •- •` .... - . . of 19. (.r was thereafter printed and pub- ` shalt be unlimited. •707060 LICENSE FEES. Ilshedonevery Wednesday toand Including Wednesday the ..................dayof.................................... (1) The annual license fee for an on -sate wine license shall be based upon the seating capacity of the • . • . • • ... . • • • • . • . . • • .. • • • • • • .. • . • . • • • • • • • • • • • 19.... and that the following is a printed copy of the lower case alphabet establishment to be licensed. Those fees shall be as from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of t e used in follows the composition and publ ication of said notice, to wit: (a) Seating .capacity of twenty-five (25) persons r abcdefghijklmnopgrstuvwxyz S500.00 (b) Seating capacity of over twent/-five (25! persons — 500 00 Plus, to each ten (10) persons capacity in excess of .............. _.,.,...,,,......,-,•.--.... ..•.......... ... I..................... twenty five (25) persons, or fraction thereof -- 100.00 (c) Maximum fee required — 2000.00 r-,, 1 >! r - -.... Q J`..y.' i .' (2) The annual license fee shalt be paid in toll before S;.�or_aixdandsworntobeforemeihis .�.": daYof ...:.:....... ..... ........x..............19...{." the application fora license i5 accepted. .Aft fees shall be paid into the general fund of the city. Upon rejection of ..Ael................ ..... w.. ..... ............ any application for a license, or upon withdrawal of an r✓��, Ti:,...t 5. application before approval of the .issuance by the city - council, the license fee shall be refunded to the ap- Notarypublic, .,.Yh.Tat iliihHe; -RaM-SeY• County ,p.t Minnesota y plicant. - My Commission anrilff1�SS1017-�CP!�e$.`S'•e,'•6/ 1 19 (3) Where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the license are unchanged, no additional license fee will be required. - 707.070 EXPIRATION. All licenses issued under the provisions of this division shall expire on the last day of December of each year. Section 2. This Ordinance shalt take effect upon its passage and publication according to law. Passed by the City Council of the City of .Maplewood, Minnesota. this 7th day of September, 1978 -s- John C. Greavu Mayor Attest: -s- Lucille E. Aurelius Clerk Ayes — 4. Nays — 0. (Review: Sept. 27, 1978)