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Home My WebLink About19330401_ADJOURNEDThe meeting was called to order by President, XaGuire, the rall called aad all members of the Caurzcfl vere present, The purpose of the meeting being %be adoption af an ordinance $0 permit the sale of 3.2$mlt liquors in the Village of Edina, The proposed Ordinance rejected at the meeting of the Cowncil heZd on.April 1, 1933$ was read and certain changes made,where- upon Trustee Reham offered the following Ordinance aadi moved its adszptioa An Ordinance Licensing and Regulating the Sale of K6n-Iratoxfcating &It Liquors, Repealing imzconsistent Ordinances, and Providing a penalty for the 'Vi6latfoLa The Common Coumcil ok; the Village of Edina, Hennegh Caanty, Xin~~esota, do ordain, kn-ereaiy, Section 3.9 Defimation -I___ of termse (a) As used in this ordinance, the term rtpermnfr sbXka. mean and include a natural peicson of either sexo persans, co-partnershipa, oorporations and associatiom of persaw: and shall. inc3hde the agent OF manager of any of the afcrresafd, The singular number shall include the plural, an8 the masculine pronoun shall include the feminine and neuter, (b) ttEIon-Intoxica%ing Baalt Liquar" shall mean amy potable mal% beverage whth an alcoholic content of more tbrr me half af one percent by volume and rtst more than 3.2 percent by weight, (c) A "Boraa fide club* as used herein shall be any club organ- ized for social or business purposes, or for intellectual improve- men$, QT for the promotion of sports, where the serving af such liquors is inGidental to and not the magor purpose of the ebub, (d) "Original Packagen as used herein shall mean the bottle or sealed container in ahicln the liqusr is pPaced at the place of manufacture. (e) place where preparing and serving 3ramches or smeals $0 %he public to be cansumed on the premises constitutes the major business thereof, tt6afefp or ilBestaurant'p as used in this ordinance shall mean any t NO perSQn Skaall Sell, Vend, deal iEk Or dispose afs by @f%B Sale Or otherriuise, or keep or offer for sale, any nsn-i&mcicatiag malt liquor within this village witharat fibst having received a license therefore 8s hereinafter providedo Licenses shall be of two kinds ''On Sale" and 'Wff Sale", "On Sale" licenses shall be granted only to drug s$oresd cafes, restaurants and hatela where food is prepared and sold far cansump- tion on the premises and in bona fide clubs, zrzB shall.permi% the sale of such liquor for consumrption on the premises onky, "Off Sale" licenses shall be granted t@ permi% the sale a% retail and whalesa,le 02 such Liquor in the original packages for removal from and consumption off the premises only. I Section s9 Application 2 Licenses, ! Alk applications far any license to sell noa-imtoxica%iag maat Slquor shall be made on forms to be supplied by the Village set%iing fopth the me of the person asking for such license, his age, represent- ations as to his character with such references as may be required, his citizenship, the location where suck busimess is to be carried am4 whether such application is fer Vn Sale38a4rm 'PETff SalesfC the btasilrress in connection with which the proposed licensewill operate, whetlies applicant is omer and operatar of such business, the time such applicant has been in that business a% that place9 and such other information as the governing body may require from time to time, It shall be unlarclfull to make any false statement in an applicationo Secfion 4, Feesa -- All applicat@ms for licenses shaXl be accomplied by the required fee for &ich the Village Recorder shal1 give applicant a receipt, AI1 such fees shall be paid into the general fund of the municipal- ity, Upon rejection of any application for License, the Treasurer shall, refund the amour~t paid, The annual fee far an ‘)Om SaletL license shall be $25,00, The annual. fee for an ‘FOff Sale” license shall be $%,OO‘O AI1 ILiaemes shalJ. expire at noon Aprijr first in each yeapt pro- vided %hat Lf eight nrraths a€ any Ucensing year have elapsed when ~ %he asplicatlori is made, the fee shall be reduced to one half of the regular mouat thereof,, Section 5, Grantin6 of Licenses, The village Council shall. canse an investigation to bemade af all facts set forth in %he applic- ation, Oppor-kwlity shall be given to any person to be heard for or against the granting of any licenses After such investigation the village Cauncil shall grant or refuse any such application in its discretion, AI1 licensed premises shall have the license t’aerefor posted in a conspicuous place at; all tkes, Section 6, Ccmditions af Licenseso ,411 licenses granted herevader shall be granted subjecrto the fol1owing conditions, and all &her conditions of this o&inanco, and subjecg to all other ordinances of the village applicable theretb 3To license shall be granted to; any person under txwrby-ane yeas of age, No license shall be granted to any person mho has been convicted of a felony 02 of violating the national prohibition act.;osr aw lav of this state or local ardinanee relating to manufactvse 0; %ransportation of intoxicating liquors, Eo license s’mll give permission to 3e11 non-intoxicating malt 3.iqnor in any theatre, recreation hall or center, dame hall, ball. park or other place of public gathering for the purposs of enter- tainment, amusement, or playiag of games, and DESO such liquor shall L be consumed there, ’% - Bo W&L Sale” License shall be granted for sales in connection ~5th any business or club where such busimess or club has ncrt been in operation at that place for at least six (6) nsnt%s imediately . preceediw such application, 211. license shall be granted for sale on an3 premises vhere a lic- ensee has been coaricted of the violation of this ordinance or vhere any license hereunder has been revoked for cause for a% leas% one (1) year af2;er the said conviction or revocation, 110 sale of non-intoxicating malt liquor shall be nade to any person under guardianship, nor to any person under twenty-one (21) years of age All premises ‘ahere any license hereunder is granted shall be open to inspection by any police or health officer or other properly designated officer or employe of the village at aay time clrzririg i:r’hich the glace so licensed is open to the public for businesse I 3s gambling, iior any gambling device prohibited by law, shall be permitted ia any licensed premiseso All licenses granted under this ordinance shall be issued to the applican-b only and shall be issued for the prernfaes described the application, Such license shall not be transfered to another phce 17itliov.t the approval of the village council. 17~ licenae shall be granted to angT manufacturer of non-imtoxicatiag malt liqmr rmr to anyone interested in the cara'crol, of any such place, ard 1-20 equQment Qr fixture in any licensed place shall be owrred in whole or in part by amy such manufacturer, , Eo license shall be granted within tmo hundred and fifty (250) feet of any public schools Licenses shall be granted only to persons wlm are citizens of the United States and to persons of good moral. character* Section 7. CPosing Hours, shall be made on any primary, general. or special election day, to guests of members, Eo sales of any non-intoxicating nialt liquor CItxbs, Eo elu'ts shaI1 sex1 liquar except to rnerihers and *Section. 9, No Bar, Partition, Bax -- or Screen Pernitted, licensed for sales" the liquor sols! shall be served a~d con- sumed at tables in the dinning or refreashment room of the cafe, restaurant, hotel or club, and shall not be conswrred or served at bars; provided the same may be served at counters There food is reg- ularily served and consumede All windows in the front of any such place shall be of clear glass, and the view of the whole interior shll be unobstructed by screens, cyrtaina or partitions, There sLra3.3. be no paxtition, boxB stall, s~reen, curtain or other deaice which shall obstruct the view of awy part of said room from the gen- eral observation of persons in said room; provided, however, that partitions subdivisions or panels not higher than forty-eight (48) inches from the floor shslh no% be construed as in conflict with the foregoing; and provided , however such license shall entitle the holder thereof to serve non-intoxicating malt liquors in a separate room of such restuaraat to banquets OF dinners at which are present not less than six (6) persOES, In any plrme PI- Sectiq 10. Rerocation, Any license granted hereunder may be revoked by the council sithcuu% notice to the grantee or a hearing may first be held by %he council and the revocation thentmade for cause, Any violation. of any provisioEa or condition of this ordinance or any falsification of amy statement in the applicatioa shall be ground fer revocationa Ea portiam of the license fee paid into the village treasury shall be returned upon revdcation, Section 11, Re_pi_eal - and _Prohibited Sale, thereof 3 the village in cor(lflict with any of the provisioas hereof A11 ordinances or provisions ( OF Ordinance ITOe 12 of this village adopted Bebruary 27, 1926$ are hereby repealed, IVothing hereunder shall permit the manufacture, sale OT transportatian, or keeping having in possessicrn for sale or transportation of, or taking or receiving, or soliciting, my order for any liquor of a greater alcoholic content than three and two- tepths (3,2) bgmeigh-b except for medicinal, sacramental, phamaceu- tic51 or scientific purposeso and. any such act is hereby ianlawfaal, k~y ciolntion of this provishoa upon any premises licensed, hereunder shall also constitute grounds for revocation of the license, and the same shall be automatically revoked upon a conviction of the violaltiogk of this provision, Section-12, Penalty, Any person PiolaQiEg azy provision of this ~rd- ' inmee SKU be guilty of a misdemeanor, and u-pon conviction thereof sk12lL be punished by a fine of not more than one hundred dollars (~)lOO,OO], or in default of such payment shall be imprisoned in the Village lackup (or CSUrrby jail) for not to exceed ninety (90) days, plus the costs of prosecution, in any case, I constitntiobal, such decision shall not affeci the validity of the remaining portions of this czrdiaaance, 243 \ Section 14, from andTter its publication (but not before April '7% 1933$ in Effect, This ordinance shall take effect and be irti farce any case) 0 The motion to adopt vas seconded by Trus.t;ee Ilrescatt and the vo.E;e being uporr the adoption of the resolution vhereim them B~FB f~us (4) ayes to adopt and one (1) nay opposed and so declared carsfed, Pzssed by the Council of the Tillage of Edina, Hennepin County, Einaesotat, the 6th day of April L933* -- Village Recorder, Pubxiskred inthe Hennepila County Reyiew oa April 13, 1933* Eo further business to came before the meeting motion to adjrsur~s carried at 311,35 Pa, Village Recorder Receipts by Recorder and turned over to %he Village Treasurer on April IOo 1933, VFT. E, Gilkey Justice of Peace H, L, Schaefer Bdg, permit 5 .V .Dagenbrdt Bdg. permit Alfred Christensort Bdg. pernit Harrington Bdg, Co Bdg, permit The Csun'cry Club "On & Off" sale Licenses The Lnterlacken Club "On 82 Off" sale Licenses J. Leo Nolan "On & Offn sale Licenses George Hanaorr "On & Off" sale Licenses Kenry H, Gregg Wff sale license Leo k,EicClellsn "Off sale license Carl Olson Wff '1 sale license Geo, L. Trisler "Off 11 sale license C. D, Kern "Off I) sale licemae; Peter Tergusoa rrOfflt sale license --. 3 -- * c 0 'B; -0vi3Pholt Bdg permit 310,OO 1900 1 ,oo 1 woo LOO a,oo 30,OO 30 e00 30,OO 30,OO 5,OO 5,OO 5,OO 5.00 5,OO 5,300 I Total receipts $165,00