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Pub of Ordinance 42 in Mtka Recordf 0 C7 * LEGAL NOTICE ORDINANCE NO. 42 AN ORDINANCE RELATING TO LIQUOR CONTROL, TO THE SALE, CONSUMPTION AND DISPLAY OF LIQUOR, AND TO PROCEDURES AND FEES FOR GRANTING OF PERMITS OR LICENSES FOR THE SALE, CONSUMPTION, AND DISPLAY OF LIQUOR The Village Council of the Village of Shorewood ordains: SECTION 1. Definitions. Subdivision 1. For the pur- pose of this ordinance, the terms defined in this secton shall have the meanings given them. Subdivision 2. "Furnish" means to sell, give, or in any other manner provide. Subdivision 3. "L i q u o r" means and includes distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of al- cohol by weight. Subdivision 4. "P er in i t" means a permit granted by the State Liquor Control Commis- sioner pursuant to Minnesota Statutes, Section 340.14, Subdi- vision. 3. Subdivision 5. "Private club" means a club as defined by Minnesota Statutes, Section 340.07, Subdivision 7. Subdivision 6. "License" means an "on sale" license issued pursuant to Minnesota Statutes, Section 340.11, Sub- division 6. SECTION 2. Limitations on furnishing of liquor, its con- sumption and display, and on furnishing sef -ups. Subdivision 1. No person shall furnish, consume, display, or allow the furnishing, consump- tion or display of liquor or fur- nish set -ups, or allow the fur- nishing of set -ups at any place within the Village except an es- tablishment having a permit or license and maintaining the conditions set forth in Section 4; and except further that the restriction concerning the con- suming, display, or furnishing of set -ups and allowing the fur- nishing of set -ups shall not ap- ply to a private residence. Subdivision 2. The furnishing of set -ups and the consumption and display of liquor at any private residence, or at any establishment having a permit or license shall be subject to the provisions of this ordinance and the ordinances of the Vil- lage of Shorewood and of the laws of the State of Minnesota. Subdivision 3. No person shall consume or display, or allow the consumption or dis- play of liquor or furnish set- ups or allow the furnishing of set -ups at an establishment having a permit or license be- tween the hours or 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 be- tween 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. SECTION 3. Subdivision 1. Approval of permits issued by the State of Minnesota. No officer or employee of the Village shall sign any letter or other document expressing local approval of an application for a bottle club permit or in any other manner expressing or conveying the impression that said approval has been given until he has been authorized by a resolution passed by a ma- jority of the members of the Council authorizing him to do SO. SECTION 4. Required condi- tions for furnishing set -ups and for the display or con- sumption of liquor. Subdivision 1. The conditions required under Section 2, Sub - division 1, are those set forth in this section. Subdivision 2. The premises are not within 400 feet of any school or church. Subdivision 3. Such premises are licensed by the Village for the sale of beer. Subdivision 4. The Village's fee for the permit or license has been tendered to the Vil- lage. Subdivision 5. The person having the permit, or seeking the permit, has not been con- victed of a felony. Subdivision 6. The person having or seeking the permit is not a manufacturer or whole- saler of beer or liquor and has no interest in any place where beer or liquor is manufactured. Subdivision 7. The person having or seeking the permit has not been convicted of wil- fully violating the ordinances of the village relating to the sale, consumption, or display of liquor. Subdivision 8. The premises have satisfactory water and sewage facilities. Subdivision 9. There are ade- quate parking facilities for the premises. SECTION S. On -sale licenses for bonafide clubs as provid- ed by Minnesota Statutes 340.11. Subdivision 1. The Village Council on a 4 /5th vote may is- sue on -sale liquor license to bonafide clubs as defined by Minnesota Statute 340. Subdi- vision 7, which have been in existence for 20 years, and to bonafide clubs or congression- ally chartered veterans' organ- izations, which clubs have been in existence for 10 years prior to January 1, 1961. All such clubs shall be duly incorporated to be eligible to apply for a license. The licenses issued shall be for the sale of intoxi- cating liquor to members only. The license fee shall be $100.00; license to expire July 1 of each year. Subdivision 2. The required conditions for furnishing set- ups and for display or consump- tion of liquor, as set forth in Section 4, shall apply for the obtaining of an on -sale club li- cense. SECTION 6. Limitations where permits or club liquor licens- es have been granted. Subdivision 1. No person at a private bottle club shall fur- nish a set -up to any person who is not a bonafide guest of a member who is then present. Subdivision 2. No person shall furnish liquor or set -ups to a minor at an establishment hav- ing a bottle club permit or at an establishment holding a club liquor license. Subdivision 3. Any establish- ment having a permit or a club liquor license shall be kept open for inspection at all times by law enforcement officers of the Village. No person shall re- fuse to permit the law enforce- ment officers of the Village to enter and inspect the premises for which a bottle club permit or club liquor license has been granted. SECTNON 7. Permit fee and license fee. Subdivision 1. The Village permit fee for the issuance of a bottle club license is $300.00 per annum, and the Village li- cense fee for the issuance of an on -sale license to bonafide clubs, as herein defined, shall be $100.00 per annum. SECTION 8. Subdivision 1. The Village Clerk shall notify the Liquor Control Commissioner of any violation of the provisions of this ordinance. SECTION 9. Any person con- victed of violating this ordi- nance shall be punished by a fine not exceeding $100.00, or by imprisonment of not more than 90 days. This ordinance shall take ef- fect from and after its passage and publication according to law. PASSED by the Council, this 11th day of Mav, 1964. S/LESTER R. BADGER, Mayor BY THE CLERK: S/ELSA I. WILTSEY (Published in the Minnetonka Record on May 21, 1964)