HomeMy WebLinkAbout19340129_ADJOURNED8
comraittee or en37 officer of any kind out all such PpTointaents
must be zTlade by and tarough tne action of the council itself
by a majority vote.” Signed: George V. Strong, Village Attorney.
The above opinion giving the Council through a majority vote poner to apsoint all cormittees, etc. vas accepted ba all rnemoers of the Council. \Vaereu.oon it vas moved by L’oore tnat
Trustees Premotr, and 3illFon oe apoointed end continued ils
Council Committee of Roads and 3ridgee. btion seconded by
Blackourn end carried.
It mas moved. \‘/illson tnat Ralph J. JohnFon be qmointeci Stre?t
Comfiiesioner for tine vear 1334, to ueco~e ei’fec-bive upon his oeing relieved of the CTA foremanship with selary to be
determined later. riotion seconded by Blackbwn and carried.
Trustee Preecott reported at length on the Relief Bork in
the Village and of tne activities of tbe Committee of Poor Relief and 1%. L. E. Jarvie, relief worker.
On amount of tue next regular rneeting of the Council felling on Feoruary 12, Lincoln’e Birtaday, it mar mved oy Yillzon
that said aeeting be neld on Tuesday, February 13. Eotion
seconded by Prescott and carried.
It zas moved Villson that this meeting adjourn to meet perin at tile same tiixe 2nd place on Jsnusry 29, 1534. Motion
seconded by Xoore snd carried.
Village Recorder
Hinutes of an adjourned meeting of
the Council of the Village of Edina
held on Jenuslry 23, 1934 in Grange
Aall at 8 PM.
The meeting nes called to order oy tne PresicJent, tae roil
vas called 2nd all iilemers rlere tound present.
Er. a. D. BilkinFon, cnairwn, and other me.’iltj?rs of tae
Planning Committee and many residenzs of $,.e Country Club
Disbzict Ar?a zp-oeared before %ne Council and presented a
letter addressed to tae Council signed by Kr. S. SL Tnorpe, president of Tnorpe .3ros., tendering the deeding of tae
Einnehaha Creek Xi11 Pond Area of about 19 acres lying De- tneen the dem at old Vest 50th Street and Hieaway Eo. 5.
After consideraale discupsion tjy a11 present concerning such f items as floaage riseits on lots alrePdy .laid out 2nd extending
into tne Greek bed, tne Dossioilitg of an interjTening strip
of lznd oetneen the rear of lots fronting on Brovndale Avenue,
Edgebrook Place Pnd Sunnyside Ro~d, and the edre 02 $he
dm, funds for maintenance, etc. were among tile subjects.
discussed. Truztee Tillson moved above Fgid letter dated
Januery 29 be accepted and as said letter preeen-cs severel
new phases concerning the z”i.11 Pond eituation, thpt it -ould
seem that the governing body of the Villaye and Taorpe Bros.
are not far apart in their understanding and agreement. Elut;
as neu questions requiring additionaPlinformtion nad arisen
rnzt tne fia-~er oe rtferred to B committee to consult rrith
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nnen at a ;leigat equal to the top of tne old 5Otn Street
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Thorpe Bros. and composed of Trustee Blackourn, George W.
Strong and 0. D. Wilkinson, mho would report b?cB to the Council at an early date. Motion seconded by Moore and carried.
The rmtter of adoption of an ordinance regulating the s?le
of intoxicating liquor, repealing inconsistent ordinznces
and providing a penalty for the violation thereof, next received tne atttion of the Council. The sugqested liquor
ordinance mas presented by Village Attorney, LIr. Strong, to wnom the mtter mas reIerred at tae JPnuary 22 nesting,
3.8 follows:
/ "An Ordinance Licensing and Regulating the Sale of In- toxicating Liquor, Repealing Inconeistent Ordinances and Providing 2 Penalty for the Violation Tnereof .If
The Council of the Village of Edina does ordain:
Section 1. Definition of Term.-- As used in This ordinance.
(a.) Tne terms "intoxicating liquorf1 and llliquorlf whenever used in this ordinance shall mean and include ethyl alcohol and include distilled, fermented, spirituous, vinous and. malt bevera-ges containing in excess of 3.2 per cent ot aiconol og Wight.
(b) The term *s~ale~~ and lfsellfl shd.1 mean and include
all barters, and a11 -manners or aeans of furnishing in- toxiczting liquor or liquors a.s above described in violation
of evasion of law.
(c) "On Sale" shall !liean the sale of liquor ~y the glass for consumption on the premises only.
(d) flOf-f' S2leIf shz.11 mean the sa.le of liquor in original packages in retsil stores for consunption of? or amy from
the premises vnere sold. (e) The terin "pereon1' shall include oersons, corpor-
ations, partnersnips, end other unincorporated aseociztions.
(f) The term ffpac4agef1 or tloriginal packagell shall mean and include any container or receptacle holding
liquor, which container or receptecle is corked or sezled.
(g) IfHotelfi as nerein used sha.11 mean end include
any establi~hment having a resident proprietor or riimager,
w:here, in consid.e?ation of payment tnerefor, food and lodp
ing are regularly furnisaed to trmsients, and nhica main- tains not less tnan zen guest rooms (fifty in cities of the I'irst class, twenty-five in cities of tne second class)
aith bedding - 3nd other FuitFble and necessary furnishings
in each room, and which is provided with a suitzole,lobby,
desk, znd office for the registration of its guests, c?t the min entrance, and on the ground floor and. which em-
ployes-an: adequate staff to provide suitable and usua.1 s?rvice, and 757hich naintains under the same rnanagernent and contro1.a.s the rest of the establishment a.nd has as an integral part tliereof a. dining room with ap-oropriate facilities for seating not less than thirty guests at one
time, nhere the general mblic is, in consideration of
payaent therefor, selrvBd: ?vith seals at tables.
tablishment, other than a. hotel, under the control of a,
single proprietor or rmnager having a.ppropria.te facilities for the szrving of meals to not lees tham thirty pest,s
a% one time an8 where meals are regularly furnished Pt tables to the general public and. which employs an a,de- quate staff to provide the usuzl a.nd suitable service to
its guests, and the principal part of the business of which
.is the Ferving of foods.
(i) establishment used ex8.lusively for the sale of intoxicating
liquor at retail, either on or off sale or both.
(j) The te,rm ffclub" shall m~an and include any cor-
poration duly orgenized under the laws of the State of
Hinnesota for civic , fra"terna1, social or business pur-ooses
or for intellectup1 iniprovemente or for the nromotion of
Fports, which shall have more then fifty memberz, end nbich
(h) fiRestaurantsfl as herein.used shall riean any es-
ftExciusive liquor store" B.S herein used. shall be en
( shall for aore then a Bear have onned, hired or lezsed a build-
ing or epace in a building of such extent t?nd charecter as may
be suitable and adequate for the reasonable and cowfortable
eccomodation of its rfie.nbers and whose affairp and menagegent
are conducted by a board of disectors, executive co.r,rrittee, or other sinilpr oody c:iosen by the rnembers at a meeting held
for that purTose, none of vhose meqbers, officers, agents, or
ernoloyese are paid directly or indirectly any compensation by way of orofit froa the distribution or sale of beveraps to
the rezoers of the club, or to its ,guests beyond the amount
of such reasonable salzry or s=rges ae rnay be fixed and voted
epch year by the directors or other Foverning body, (IC) The term lldrLq storell as used in conjmction cith licensing under this ordinance shall mean any olece r-bere
drugs are kept, cormounded and Fold 2nd rrhich ehall at ell times be in charge of a registered pharraacist, or of 8
registered aeFistznt pharmcist during the teiiptnary absence
of such registered phprmacist.
Tne fact thet dzncing is conducted in a hotel or r?st?ur:nt
Ehall not xeke such dace ineligible to receive a license
hereunder, if such dance is incidental to the regulpr services
of the hotel or restaurant.
Section 2. License Required.--No person Shell, directly or indirectly, won any Dretense or by any device, manufacture, f?mort, -sell, exchange, barter, diepose of or keep for sale
my intoxicatinp liquor, nithout firet having obtained i3
license taerefor as aereinafter -osovid.ed, Licenses shall be
of trJo Zinde: "on &alet1 and "off sale".
"On sale" licenses shall be grmted only to Hotels,
Clubs, end,-or Exclusive Liquor stores, snd shell permit the consumption of liquor on the nrmises only. ??or more
than four (4) such licenses shall be grFnted. at any one the.
of liquor at retail or Tholesale in the original mclrage for consum,ption off the premises only. Such licenses mry be
iPPued only to proprietors of Drug Stores and ExcluFive
Liquor stores.
Section 3. Apnlication for Licenbe.--Every perpon de- siring B license for either I1oni1 or "off ,czlestI shall file a verified ao-licetion therefor in vriting nith the clerk of the municiwlity in the form to be prescribed by the comiss-
ioner end Titi auch additional infomiation as tne council of
the aunicipality rnpy reauire. A surety bond shall accoriwny each qplication for a license. In the czee of pn an-alicFtion
for En $Ion saleii licenee, the application shell be accowmnnied
by a corporate eurety bond in the sum of $3,000 $0 be ap-moved as to leg23 forn by the attorney for the village, pnd as to eufficiency ~y the council; or in lieu of suc2 bnnd, c=l~'n or
bonds of the United Sta*es of a iaarket velue of $3,000 ;;lay be posted. In the ct7se of .m epolication for an "off sale" license
a sinilar surety bond or cach or United States bond emdivalent
shell be rerruired, but the eraount of such bond ehcll be $1,000 and bell also oe aproved by the commissioner. All such bonds shall be conditioned as follow:
licensed oueiness.
due ell t~xes, license fees, qenelties and other chprFea
provided by lan.
of any lav relating to the retail "off si!letl an4 retri.1 lion
sadell of intoxiceting liquor, such bond shp11 be forfeited
to the village 03 Edina.
principal zaount of such bond any damPr;.ee for death or in- jury caused oy or resulting from the Triolation of my nro-
visions of 12- relating tnereto, and in such cases recovery
under this Fub-division (d) may be had from the euretg on nis
bond. The amount specified in such bond is deElared to be a
penzlty, the zaount rrcoverable to be rwcsu-red by the actual
damages; provide6, however, that in no case shell such surety
"Off sale" licenses €ha11 be grsnted to Demit tne gale
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fa)
(b)
(c)
That the licensee ail1 obey the lam relating to such
That tne licensee nil1 pay to the mmicipality vhen
Tiat in t(ne event of my violetion of the provisions
(d) Tmt the licensee will my to the extent of the
a x
be liable for any amount in excess of the penal ainount
of the bond.
an application,
It shall be unlawful to make my false sta-tetiients in
Section 4. Fees.--All a,y.rslications for licenses shall
be accompanied by a receipt from the villpge treasurer for
the required annual fee for the ree-oective licenee. All
such fees shall be naid into the generzl fund of the wunici-
mlity. Upon rejection of any ennlication for a license,
the treesurer shall refund the mount paid md the bond
of spid apDlicant shall be retunned to him.
$30.00.
year. For licenses issued nereunder prior to noon AGril lst,
1934, the fee sh~ll be pro-rata chare of tne annuzl license
fee.
The annual fee for an !Ion salell license sh8ll be $100.00.
The annual fee for an "off salei1 license ~h~ll be
All licenszs shall ex-oire at noon on Ami1 fst in each
Section 5. Granting of licenses.--The village council
shell cause an investigation to be made of 211 the represent- atione set forth in the apolication. Op-oortunity sh~+ll be given at a regular or cpecial meeting of the council to any
perPon to be heard for or against the granting of any
license. After such investigation and ap-..srovc?l of the
reouired. bond, the village council shall grant or fefuse
such license in its discretion; provided. t?pt no !!off saleti
license shsll become e-fe:tive until it, together mith the
bond, hae the amroval of the Liquor Contnol Corwissioner.
All licensed. areraises Fhall have the license nosted in a.
conspicuous place therein at all times. No license shall
oe transferable either as tr licersee or uremiees wi?hout the aporovzl of tne council end also of the Liquor Control
OornmieFioner in tne case of "off szlelt licensee.
Section 6. Conditions of License.--All licensee orrnted. hereunder shall De panted subject co tne follovring cm-
ditions and eli other conditions 01' tAis ordimnee, 2nd
eubJect to ell other ordinances of the vi1lep-e amlicable
thereto and to 8 11 regulatione Dro:culpated. by the Liauor Cont rol Comini P si one r gp-olicable there t 0. Every Sjce-nsaE: shall be res-oonsiole for the conduct of
his place of busines's and the conditions of sobriety and
order therein. No !Ion eales'l deder shsll sell liquor bv the bottle or container for renovsl from the oremiees.
IQo depler licensed for Itoff salesft only siall -oermit the
consumtion of any liauor on such licensed -0remises.
No Ifoff saleIi license shall be i@med for any plpce crnere non-iatoxic2ting inzlt ueveragee ~h;1~11 ce old Tor
consu.zpt.ion on t3e oremises.
No liquor shall be sold to r7nv minor. ITo license
shall be granted to a rflinor, and no minor snell be em-
plrJyed in sny room constituting the place in Fhich
intoxicating liquors ?re sold retail at Iton sale."
Eo pool or billiard "able shali be kept or used in
Eny "on sa.letl premises except a, club as defined hereunder.
No licensee snall keep, possess or onera e, or.'ioerfnit the keeoing, possession or operation of, on the premises, or in an!: room adjoining tne licensed memisee controlled by
him, any slot rnacLiine, dice or otAer grmbling device or
apnaratus, nor wrmit anv garflfloling tnerein, nor ~ermit
the licensed -ore:.ilises or anv room in the Fame or in any
ad joiEing building, directly or indirectly under his con-
trol, to be used as a resort for prostitutes or otaer
diEorderly Dersons.
of the United States and rrho shall be of good mors1 ~
chmacter and repute, not to any pereon who shzll nereafter
be convicted of anv wiliul violation of an8 lam of the
United States or the state of Einnesota or of anv local ordinance mith r5gard to the menufacture, sale, dietri-
bution of intoxicating liquor, nor to any nerpon whose
Eo license shall be issued to ani: n)erson not a citizen
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license under tilis ordinance shall be revoked for any Filful vihlation of any such 1a.w~ or ordinances. Xo license hall be granted to a,ny m?nvfacturer or . distiller of intoxicating liquor, nor to zny one interested
in tile omnersilip or operation of any FUC~ place, nor to a
gerson operzting a. licensed place wmed by a manufsctiurer,
distiller, or exclusive Tnoleeale distribu-ting agent uniese
such ir.tere&ta.s acquired at least six months srior to
January 1, 1934; and no equipment or fixture in Tny licensed
pla.ce enall be oaned in sbole or io uart by any manllfecturer
or di s t i 1 le r . No liceisse snail be issued in conjunction nith any business, either €or IIon sale!' or "off s21e1I until such business has been in continued oneration in the Drerriises proposed to be licensed for at leest six tzionths ir,::ediately
preceeding the dzte of application for such license.
Not more than one license or' either class si1311 be
grEnted to on2 Dereon or to one managerfient, excent in tile ca.se of exclusive liquor stores, as defined 9erein.
No licrlise sii.iall be granted for operztion on any preaisps
upon rrhich taxes or aseesements or other P'i.-~ancial claims
of the village are delinquent and unpaid.
All premises z:iere any license nereunder is granted s;ylzll
be o-oen to inspection by police or 5ealth officer or other Drowrly designated officer or emloye of the vi1la.g-e at any time during Fhich the place so 1icenss.d shall .oe open to t-ie public 20s business. Xo license wall =e granted -ith~250 feet of my scbool
nor Tithin: 250 feet of any church.
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Section 7. Houre of Operation.--No sale of infroxicptins liquor shzll ae 'ileile on Su.nd;-y nor before 3 oIclock P.ll. on
anv X:emori:l Dzy nor betore 8 olclock P.E. on any Election
Day in tae village. No Ifon sale" shell be nade aefore
8 o'clock a. rp., or after 12 o'clock midnight of eng dzy. No Ifof1 sclleII sh~11 be Lade Pefore 8 otclock a. m., or
after 8 o'clock D. ma-, of any day exceDt Seturdsv, on 1-hich
dsy "off sele~l~ mey be ziede until 10'o'clock p. m.
Yon salestt the liquor sole enall oe served m6 consumed at tables ecruim2ed -ith chairs at 7hich customers sust sit to be
served in the dining roov of tine restpurmt, notel or clubi. Liquor eni.11 not be consumed or served at bare or counter?, but
may be sFrved at counters 17mre food is regularly served a.nd conswed and rrhich counters are equipDed vith chairs or ztools for seating oi cuFtomrs. All -indoas in tne front of Bny
such place shell be of clear glass, and tae view of ?;!E Yhols
interior shall be unobstructed by screens, curtPins, or partitions. Tnere snall be no partition, box, stall, screen,
curtain or other device qhich snall oostruct tne view of any
part of said room ikom the general obs5rvation of persons in said room; provided, iiovever, tilet pertitions, subdivieicns or Daneh not nigner then 48 incnes xrorn the floor sn;.ll not oe construed as in conflict with the foregoing; and Drouided,
i~o~ever, such licenee shell entitle the nolder taereof oper- ating a reEtaurent or hotel to serve liquors in a eeoarate
room, a oart of such reetaurznt or dining room at banque$s
or dinners at vhich are present not less tnan six Dersone or in hotel rcom to pests in connection with meals.
It shall oe unlsm'ul for any oerson or uersons to raix or prepare liquor for consumtion in any public -0lace or
place of oueicess Thme no "on sale" license is Jeld or to consuae liquor in such places. No liquor enell be sold or
consued on a, puolic highway or in an automoaile.
Section 8. Restrictions on Co?iwxmtion.--In any place for
Section 9. Revocation.--Any licenEe iseued hereunder
may be revoked ay tne council for any violation of any
provision or condition of this oreinanre or the state
licensing 137 or any ialsification of my etateraent ig the
application; -prouiDed tmt llofr sale" licenses mep be FO
revoked also or tne Liauor Control Comaissicner. Any such license phall oe revoked autometicollv upon the conviction
of the licensee of a felony. 110 portion of the license fee
paid into tne Village Treasury shell be retumed u?on revo-
cation of license.
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Section 10. Repeal.--All ordinancee of this village, inc1ud.ing snecificallg , but not excluaivelg , ordinance nu-aoer 12, adopted February 27th, 1926, or eny proviFions of ~11 ordinances in conflict aith this ordinence or my
of it,c provipiona, are hereby reQepled. No provieion-.
hereof shall affect the ordinance adopted by the VillPse Council A-oril 6th 1933, pvblished April 13th, 1933, licensing end regulating the sale of non-intoxicating melt liquor adopted pureuant to CaaDter 116, Lms of Minnesota 1933, or any license granted thereunder.
Section 11. Provisions Sep8rable.--Every section,
provision or part of this ordinance is declared se-cmmble
from every other eection, Drovieion or mrt; and if any
section, provision or -Dart hereof shall be declared in-
vrlid, it ehall not afr'ect any other rection, proviFion
or part.
Section 12. Penalty.--Any oereon viobting any pro-
vision of this ordimnee shall De guilty of B xiadememor, and u;oos conviction thereof ek11 oe suhished bs B fine
of not %ore tmn one hundred dolla-rs ($100.00) or in de- fault of such wwiient hall ce inmrisoned in the county
jeil €or not to exceed ninety (90) days, plus the costs of prosecution in any case.
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Section 13. Effect.--Tnis ordinence em11 take effect
and be m force from and after its owssa,qe and publication.
Passed by tile Council this 29t.h day of Jmuarg 1934.
Apg roved :
D. F. XcGuire,
(President of Council)
(Seal)
Attest:
Ben B. Moore, Village Recorder.
After discussion in Thich tne prop and considered section by section, sed ordinance mas read
T TU. s t e e B 12 c k burn
OL i: ered the proposed ordinance tne eale of intoxicFting liquor
ordinancee an? providing a. pena tnereof and lnoved its adoption. seconded GY Tmstee Prescott.
licensing and regulating , repezling iqconsiztent
lty for tne violetion
Kotion to adopt was
The vote being upon tix adoption of the resolution, miiereon
tsc-re yere four aves and one nay and so declprred duly
carried.
There being no further business to come before the :neeting
motion ma.s Bade to adjourn and carried.
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Villege Recorder