Ord 8 Beer LicensingVILLAGE OF MENDOTA HEIGHTS
Dakota County, Minnesota
BEER LICENSING ORDINANCE
An ORDINANCE licensing and regulating the sale and consump-
tion of non-intoxicating malt liquors and providing a penalty
for the violation thereof.
The Village Council of Mendota Heights ordains as follows:
I
ARTICLE I
DEFINITIONS
1.01 As used in this ordinance, the term "person" includes a natural per.
son of either sex., co-partnershipo corporation and association of persons
and the agent or manager of.any of the aforesaid. The singular number in.
eludes the plural, and the masculine pronoun includes the feminine and
neuter. C
1.02 "Beer" or "non-intoxicating malt liquor" means any malt beverage with
an alcbholic content of more than one-half of,one per cent by volume and
not more than three and two-tenths per cent by weight.
1.03 "Intoxicating liquor',' means any distilled., fermented or vinous bever-
age containing more than three and two",tenths per cent of alcohol by weight.
1.04 "Original package" means the bottle or sealed contained in which the
liquor,is placed by the-manufacturer.
1.05 "Bona fide club" means an organization for social or` business purr
poses 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,
which shall have more than 50 members, which shall, for more than year.,
have owned, hired, or leased a building or space in a building of such ex*_»
tent and character as may be suitable and adequate for the reasonable and
•comfortable accommodation of its members, whose affairs and management are
conducted by a board of directors, executive committee, or other similar
body chosen by the-members at a meeting held for that purpose., none of
whose members, officers, agents,, or employees are paid directly or indir-
ectly any compensation by way of profit from the distribution or sale of
beverages to the members of the club, or to its guests, beyond the amount
of such reasonable salary or wages as may be fixed and voted each year by
the directors or other governing body., and whose annual dues are not less
than Twenty -five Dollars.
1.06 "Restaurantli means a place of which the major business is preparing,
and serving lunches or meals to the public to be-consumed on the premisesi,
1.07 "Tavern" means an establishment for the sale of beer, cigars., cig-
arettes, all forms of tobacco, beverages and soft drinks at retail,
A R T I 'G L E I I
LICENSE REQUIRED
2,01 No person, except wholesalers and,manufacturers to the extent author"
i *d by law, shall deal in or dis
ze pose,of by gift, sale or otherwise, or keep
or offer for sale, any beer within the village without first having re-
ceived a license as hereinafter provided. Licenses shall be of two kinds:
(1) Retail "on sale'.'; (2) Retail "off sale".
('--'..02 "On Sale licenses shall be granted only to bona fide clubs, taverns,
,-restaurants and hotels where food is prepared.and served.for consumption
on the premises. "On Sale" licenses shall permit the sale of beer for con-
sumption on the premises only.
2.03 "Off Sale" licenses shall permit the sale of beer at retail, in the
original package for consumption off the premises only.
A R T I C L E I I I
APPLICATIONS FOR LICENSE
3.01 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. Appli-
cations shall be filed with the village clerk.
3.02 Each applicant for a license hereunder shall file with the village
clerk, as a part of his application, a corporate surety bond in favor of
ae village, in the penal sum of One Thousand Dollars, conditioned upon
ins compliance with all of the provisions of this ordinance and of the
applicable laws of the State of Minnesota relative to non-intoxicating
beverages and intoxicating liquors, and the payment when due of all license
fees hereunder, all personal property taxes levied against the licensee,
all real estate taxes and assessments for improvements levied with respect
to the licensed premises, and all judgments against him based upon violations
of this ordinance.
A R T -I C L E -IV
- LICENSE FEES
4.01 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 li-
cense. All fees shall be paid into the general fund of the municipality.
Upon rejection of any application for a license., the treasurer shall re-
fund the amount paid. I
4.02 All licenses shall expire on the last 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 license year for a pro
rata fee. In computing such fee., any unexpired fraction of a month shall
be counted as one month. In no event shall such pro rata fee be less than
twenty -five � per cent of the full annual - fee.
4.03 The annual fee for an "On Sald'license -shall be Seventy-five Dollars
in the,case of bona fide clubs, and One Hundred Fifty Dollars in the case
of all other types of licenses. The annual fee for an "Off Sale" license
shall be Five Dollars,
ARTICLE V
GRANTING OF LICENSE
5.01 The village council shall investigate all facts set out in the ap-
plication. 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 in its discretion.
5,02 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
another place without the approval of the village council.
A R T I C L E VI
PERSONS INELIGIBLE FOR LICENSE
6401 No license shall be granted to or held by any person:
(1) Under twenty -one years of age.
(2). Who has been convicted of a felony, or of violating the
National Prohibition Act or any law of this state or lo-
cal ordinance relating to the manufacture or transporta-
tion of intoxicating liquors.
(3) Who is a manufacturer of beer or who is interested in
the control of any place where beer is manufactured.
(5) Who is not of good moral character,
(6) 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.
(7) Who is not the proprietor of the establishment for which
the license is issued.
: A R T I C L E V I I
PLACES INELIGIBLE FOR LICENSE
,7.01 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 beer
or liquor law, or where any license hereunder has been revoked for cause
until one year has elapsed after such conviction or revocation.
A R T I C -L E V I I I
CONDITIONS..OF.LICENSE
8.0.1 Every license shall be granted subject to the conditions in the
following subdivisions and all other provisions of this ordinance and
of any other applicable ordinance of the.village or state law®
8.02 All licensed premises shall have the license posted in a conspic-
uous place at all times.
8.03 No beer shall be sold or served to any intoxicated person or to any
person under 21 years of age.
8.04 No person under 21 years of age shall be permitted to consume beer
on the licensed premises unless accompanied by his parent or legal guardian.
8.05 No person under 21 years of age shall be permitted upon the premises
of a tavern.
8.06 No person under 21 years of age shall be permitted to sell or serve
beer in any "on sale" establishment.
8.07 No gambling or any gambling device shall be permitted on any licensed
premises.
8.08 No manufacturer or wholesaler of beer shall have any ownership of or
interest in an establishment licensed to sell at retail contrary to the
provisions of M.S..A. 340.02. No,retail licensee and manufacturer or
wholesaler of beer shall be parties to any exclusive purchase contract.
No retail licensee shall receive any benefits contrary to law from a manu-
facturer or wholesaler of beer and no such manufacturer or wholesaler shall
confer any benefits contrary to law upon a retail licensee.
8.09 No licensee shall sell beer while holding or exhibiting in the
licensed premises a federal retail liquor dealer!s special tax stamp un-
less he is licensed under the laws of Minnesota to sell intoxicating liquors.
8010 No licensee who is not also licensed to sell intoxicating liquors
shall sell intoxicating liquors on the licensed premises.
8.11 No licensee who is not also licensed to sell intoxicating liquor
shall permit the consumption or display of intoxicating liquors on the
licensed premises or serve any liquids for the purpose of mixing with in-
toxicating liquor. The presence of intoxicating liquors on the premises of
such a licensee shall be prima facie evidence of possession of intoxicating
liquors for the purpose of sale; and the serving of any liquid for.the pur-
pose of mixing with intoxicating liquors shall be prima facie evidence that
intoxicating liquor is being permitted to be consumed or displayed contrary
to this ordinance.
8,12 The pro.visions of Section 8.11 shall not apply to bona fide clubs.
8.13 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 illegally present intoxi-
cating liquors found on the licensed premises.
8.14 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.
ARTICLE I X
CLOSING HOURS
9.01 No sale of beer shall be made on any Sunday between the hours of
1:00 A.M..and 12-00 noon.,.nor between the hours of 1:00 A.M. and 8-o00
P4M4 on any election day in the village. No sale shall be made between
the hours of 1:00 A.M. and 8:00 A.M. on -any,other daya
A R T I C L E X
BARS, PARTITIONS, BOXES OR SCREENS
10.01 All windows in the front of any place licensed fo:
beer shall be of clear glass, and the view of the whole
unobstructed by screens, curtains or partitions. There
tion, box.,.stall., screen., curtain or other device which
of any part of the room from the general observation of
but partitions, subdivisions, or panels not higher than
from the floor shall not be considered obstructions,
A R T I C L E X I
CLUBS
P lion sales" of
interior shall be
shall be no parti-
obstructs the view
persons in the room;
forty-eight inches
11.01 No club shall sell beer except to members and to guests in the com-
pany of members.
A R -T- I C L E , X I. I
RESTRICTIONS ON PURCHASE.AND.CONSUMPTION
12001 No minor shall misrepresent his age-for the purpose of obtaining
beer,,
12002 No person shall induce a minor to purchase or procure beer.
12-03 No person other than the parent or legal guardian shall procure
beer for any minor.
12,04 No minor shall have beer in his possession with the intent to con-
sume it at a place other than the household of his parent or guardian,
12.05 No beer shall be consumed in any theatre, recreation hall or cen-
ter, dance hall, ball park or other place of public gathering used for
the purpose of entertainment, amusement or playing of games.
12.06 No person shall consume or display any intoxicating liquor on the
premises of a licensee., other than a bona fide club., who is not also li-
censed..to sell intoxicating liquors.
A R T I C L E X I I I
I ri R I 1 W03 ki I
13.01 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 revoked 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 eight 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.
i
A R T I CL E X IV
PENALTY
14.01 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
county jail for not more than ninety �90) days, plus the costs of prose-
cution in either case,
ARTICLE XV.
EFFECTIVE DATE
15.01 This ordinance shall be in full force and effect from and after its
passage.and publication according to law.
Enacted and ordained into an Ordinance this day of May, 1956.
THE VILLAGE OF MENDOTA HEIGHTS
(SEAL) By t =- �: -_�__� :•
_._- ....... Mayor
ATTEST: