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City Council Ordinance Chapter 707PROPOSED AS CHAPTER 707 MONTICELLO CITY ORDINANCES AN ORDINANCE RELATING TO LIQUOR CONTROL, TO THE CONSUMPTION AND DISPLAY OF LIQUOR, AND TO PROCEDURES AND FEES FOR THE GRANTING OF PERMITS FOR THE CONSUMPTION AND DISPLAY OF LIQUOR TO CLUBS,AND PUBLIC PLACES. The City of Monticello, Minnesota, ordains: 707.010 DEFINITIONS. Subdivision 1. For the purpose of this ordinance, the terms defined in this section shall have the meanings given them. Subd. 2. "Beer" means any malt beverage with an`alcholic content of more than one-half of one percent by volume and not more than 3.2 percent by weight. Subd. 3. "Furnish" means to sell, give or in any other manner provide. Subd. 4. "Liquor" means and includes distilled, fermented, spiritous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. Subd. S. "Permit" means a permit granted by the state Liquor Control. Commissioner pursuant to M.S.A. 340.119. Subd. 6. "Private club" means a club as defined by M.S.A. 340.07, Subd. 15, or any unincorporated society as described in M.S.A. 340.119, Subd. 7. "Public place" means any place open to the public or to which the public is invited, but does not include a private residence. Subd. 8. "Restaurant" means any establishment hc-iving appropriate facilities for the preparation and serving of meals at tables to not less than 30 persons at one time, which employs an adequate staff to provide the usu,s.l and suitable service to its customers, and which has as.the principal part of its business the selling and serving of food for consumption on the premises. Sec. 2. LIMITATIONS ON LIQUOR CONSUMPTION AND DISPLAY AND ON FURNISHING SET-UPS. Subd. 1. No person shall consume or display or allow the consumption or displ�£y of liquor or furnish set-ups or allow the furnishing of set-ups at any place within this City except (a) a private residence, (b) the municipal dispensary, or (c) an establishment having a permit and maintaining the conditions set forth in Section 4. Subd. 2. The furnishing of set-ups and the consumption and display of liquor at any private residence, or an establish- ment having a permit shall be subject to the provisions of this ordinance and other applicable law. Subd. 3. No person shall consume or display, or allow the consumption or display of liquor or furnish set-ups or allow the furnishing of set-ups at an establishment having a permit between the hours of 1:00 a.m. and 8:00 a.m.; or between the hours of 1:00 a.m. and 3:00 p.m. on Memorial Day; or between the hours of 1:00 a.m. and 8:00 p.m. on any primary, special or general election day held in the district in which such establishment is located. Sec. 3. RESTRICTIONS ON APPROVING PERMITS. Subd. 1. No officer or employee of the City shall sign any letter or other document expressing local approval of an application for a state consumption and display permit, or in any other manner expressing or conveying the impression that such approval has been given, until he has been authorized by a resolution passed by a majority of the members of the council authorizing him to do so. Subd. 2. No authorizing resolution required by subdivision 1 of this section shall be adopted by the council until after a public hearing has been held by the council and it has deter- mined that the conditions requisite to the passage of such resolution have been or will be met. Such conditions are those set out in -Sec. 4. Subd. 3. At least 10 days published notice of such public hearing shall be given. At such hearing any interested person may be heard on the question of whether the requisite conditions for the authorizing resolution have been or will be met. Sec. 4. REQUIRED CONDITIONS FOR FURNISHING SET-UPS AND FOR THE DISPLAY OR CONSUMPTION OF LIQUOR. Subd. 1. The conditions required under Sec. 2, Subd. 1 and under Sec. 3, Subd. 2, are those set forth in this section. Subd. 2. The premises must have a state consumption and display permit. Subd. 3. The premises are zoned commercial. Subd. 4. Such premises are -not within'400 feet of any Church or'school. Subd. 5.Such premises are licensed by the City for the sale of beer. Subd. 6.. The establishment is a restaurant or has a restaurant as part of its facilities.' Subd. 7., if a private club, the club has no members who .are minors. ; Subd. 8. The City's fee required by Section 6 has been, tendered to the City. Subd. 9. -The person having the permit, or seeking the permit, has not been convicted of a felony. t Subd. 10. The person having or seeking the permit is not ' a manufacturer or wholesaler of beer or.liquor and has no interest in any place where -beer or liquor is manufactured, or where liquor is sold. Subd. 11. The person having or seeking the permit has not been convicted of willfully violating the ordinances of the City relating to the sale, consumption or display of liquor. Subd. 12. The premises have sinks and other suitable equipment, and hot and cold running water, for the maintenance of sanitary conditions for persons eating or drinking on the premises. Subd. 13. The premises have adequate separate toilets, which are conveniently located so that they can be reached from the restaurant area without going outside or through building areas not occupied by the appligant, which are equipped with hot and cold running water, individual towels and soap, and which ar readily cleanable, and are adequately heated, lighted and ventilated. I Subd. 14. The premises are so located that no u.aiusual saftey hazards are presented to persons going to and from or being on the premises by reason of lighting or the design or location of stairways, windows, steps, doors, sidewalks, streets or parking facilities. Subd. 15. The premises have adequate emergency fire exit facilities and no unusual fire hazard exists on the premises. 5 Subd. 16. There are adequate parking facilities for the premises. ' Sec. 5. LIMITATIONS WHERE PERMITS HAVE BEEN GRANTED. Subd. 1. No person who has brought liquor to a public place having a permit shall keep or,.leave such liquor at such place during his absence. Subd. 2. No person having a permit, and no person who is employed at an establishment having a permit, shall have or keep any liquor belonging to him on the permit premises. Subd. 3. No person at an establishment having a permit shall furnish liquor to any person other than his bona fide guest. Subd. 4. No person at a private club having a permit shall furnish a setup to any person there ' who : is not the bona fide guest of a member who is then present." Subd. 5. No person shall furnish liquor or set-ups to a minor at an establishment having a permit. Subd. 6. No minor shall remain or be allowed to remain at a public place (or private club) having a permit (unless accompanied by his parent or guardian). Subd. 7. No member of a private club having a permit shall keep liquor at the club unless the bottle, container, or other receptacle containing the liquor has attached to it a label signed by the member. Any liquor on the premises of the club not being actually used or consumed by the owner thereof shall be kept in a locker designated to the use of such member. Subd. 8. No minor shall be assigned a locker for the storage of liquor.at any private club,,nor shall any minor consume or display or be permitted to consume or display liquor on ally premises owned or controlled,by any such club. ' Subd. 9. Any establishment having a permit s1fJj.i. be kept open for inspection at all times by the law enforcement officers of the City. No person shall refuse to permit the law enforcement officers of the City to'enter and inspect the premises for which a .permit has been granted. Sec. 6. FEE. The City's fee for the operation of a private club or public place having a consumption and display, -permit is $300.00 per annum. Sec. 7. REPORT OF VIOLATIONS. The City's manager shall notify the liquor control commissioner of any violation of the provisions of this ordinance. Sec. 8. PENALTY. Any person convicted of violating this ordinance shall.be punished by a fine not exceeding Three Hundred Dollars ($300.00) or .by imprisonment for not'more than 90 days. Passed by the , council' this `� 'day -of 1974. ; Mayor ATTEST: City Clerk Published in the Monticello Times, July 4, 1974 Enclosure: 4:: City Council minutes, . June 24, 19746..