Loading...
1970-08-25MffNUTES OF THE MEETING OF AUGUST 25, 1970 at 7:50 P.M. at the ISLAND PARK HALL, Mound, Minnesota Present werer Mayor Orval Fenstad, Councilmen John Andreasen, k~ldo Schmidt, Charles Peterson~, and Gordon Swenson;: Village Manager Leonard Kopp and Attorney Curtis Pearson, CENTRAL BUSINESS DISTRICT PARKING BIDS Swenson moved and Scl,~idt seconded a motion R~OL TION 70-~9 RESOLUTION CONTINUING BIDS FOR CBD PARKING (9-8-1770) Roll Call Vote Andreasen Aye Scb~idt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved ADD TO CBD PARKING THE RAILROAD PROPERTY AND DR. LAUER'S N~f PROPERTY Andressen moved and Peterson seconded s motion RESOLUTION 70-230 Roll Call Vote Andreasen Aye Schmid. t Aye Peterson Aye Swenson Aye Fenstad Aye So resolved RESOLUTION ENTENDING CBD PARKING PROJECT TO INCLUDE THE RAILROAD PROPERTY AND THE NE~LY ACQUIRED PROPERTY OF DR LAUER MSA ROADS Andreasen moved, and Peterson seconded the motion RKSOLUTION 70-~31 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved RESO~ITION CONTINUING SELECTION OF MSA ROAD PROJECTS ~.~TIL SEPTEMBER 22, 1970 HOUSING FOR THE ELDERLY DRAINAGE The council after much discussion directed the attorney to investigate various ways possible toward gaining an easement to ditch the water north of the unit on under the NSP poles on their easement. A report was requested by the September 8, 1970 meeting.~ CEMETERY FENCE Schmict moved and Andreasen seconded the motion RESOLUTION 70- 233 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved RESOLUTION AUTHORIZING NEWFENCE AND REPAIR OF OLD F~CE AT MOUND CEMETERY - Bid of Sears accepted. STOP SIGN ON DRURY ROAD AND PAISLEY LANE Peterson moved and Swenson seconded the motiom RESOLUTION 70.-234 RESOLUTION AUTHORIZING STOP SIGN ON DRURY ROAD AT PAISLEY LANE Roll Call Vote Andreasen Aye Schmidt Aye Peterson aYe Swenson Aye Fenstad Aye So resolved HALSTEAD-Bayridge Paving Project discussed SNOW PLOW BIDS Andreasen moved and Schmidt seconded a motion RESOLUTION 70--235 RESOLUTION AUTHORIZING AND DIRECTING BIDS ON SNOW PLOW (Specificstioms on C.M. 70-153) Roll Call Vote Andreasen Aye Schmidt ~ye Peterson ye Swenson Aye Fenstad Aye So resolved HAZARDOUS BUILDINGS ECT. Peterson moved and Andreasen seconded the motion RESOLUTION 70-236 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved RESOLUTION DIRECTING IS~EDIATE ENFORCEMENTs0F MINNESOTA STATUTES 463.15,463.151, 463.17, 463.21, 463.26, 145.22, 145.23 and145.24 (Correction of hazardous or substandard buildings, excavations and a nuicance of source of filth) PENALTIES FOR NAMING INFORMANT TO VIOLATOR Peterson moved and Andreasen seconded a motion RESOLUTION 70-237 Roll Call Vote Swenson Nay Schmidt Nay Andreasen Nay Peterson Abstain Fenstad Nay Resolution failed RESOLUTION SETTING FORTH RULES OF CONDUCT FOR VILLAGE EMPLOYEES WHILE DEALING ~ITH VIOLATIONS OF THE VILLAGE CODE ON MINNESOTA STATE STATUTES ACQUISITION OF SEWER PLANT Andreasen moved and Schmidt seconded the motion RESOLUTION 70-238 RESOLUTION AUTHORIZING THE MAYOR AND THE MANAGER TO ENTER INTO AN AGREEMENT WITH METROPOLITAN SEWER BOARD FOR THE PURPOSE OF THE ACQUISITION OF THE MOUND-SPRING PARK TREATMENT PLANT Roll Call Vote Peterson Nay Swenson Nay Andreasen Aye Schmidt Aye Fenstad Aye So resolved LIQUOR ORDINANCE Andreasen moved and Peterson seconded Ordinance 2!73 ORDINANCE NO. 273 AN ORDINANCE AMENDING ~{E TITLE OF CHAPTER 11 OF THE VILLAGE CODE, AMENDING SECTIONS 11.O1, 11.10, and ll.15OF THE :VILLAGE CODE AND ADDING SECTION 11.50 I~) ALLOW FOR LIGENSING THE PRIVATE SALE OF INTOXICATINO LIQUOR IN RESTAURANTS AND HOTELS AND ESTABLISHING STANDARDS AND PROVIDING FOR SUNDAY SALES Th~ Village Council of the Village of Mound does ordain as follows 1. The title of Chapter 11 of the Village Code is amended to read aa follows "CHAPTER 11" MUNICIPAL LIQUOR DISPENSARY - OFF-SALE AND PRIVATE ON-SALE LIQUOR LICENSING 2. Section 11.01 o* the Village Code is amended to read as follows: "Section 11.01. Municioal Off-Sale Dispensary Established and Number of On-Sale Licenses. ~ municipal !liquor dispensary is hereby established to be operated within this municipality for the sale of liquor potable as a beverage and containing 3.2~ or more of alcohol by weight for consumption off such premises. No liquor shall be sold or consumed on a public highway or in an automobile. In accordance with the authorit~ of Minnesota Laws of !969~ Chapter 1127; and of the electorate of the Village who have approved private "on-sale" of ~ntoxicatin$ liquors; this chapter establishes the requirements and standards for licensin~ restaurants and ~oteis to sell intoxicatingI' liquor. The municipal dispensin$ of liquor "on-sale" shall cease when the first private "on-sale" ~icense lis issued." 3. Section 11.10 of the Village Code is amended to read as follows: "Section 11.10. Hours of Operation. Hours of operation shall be as established b~ state statutes and as Set b~ the Village Council." 4. Section 11.15 of the Village COde is amended to read follows: d. No liquor shall be sold to a minor. e. No person shall' be permitted to loaf or loiter about the dispensary habitually." 5. A new Section 1.1.50 shall be added to tbs Village Code of the Village of Mound, alloWing for licensing the private sale of intoxicating liquor in restaurants and betels and establishing standards and ~roviding for Sunday sales, and shall read as follower "11.50. ON-SALE LIQUOR Subdivision 1. Definitions. The following terms bays the meanings ascribed to them in this sectiont (1) The term "intoxicating liquor" means and includes ethyl alcohol and includes distilledt fermented, spiritous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. (2) 'Sale' and 'sell' and 'sold' means all barters and all manners of furnishing intoxicating liquor including such furnishing in violation or evasion of law.' (3) The term 'restaurant' means any establishment, under the control of a~single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 50 guests at one time in one or more dining rooms having a total area of at least 254 square feet, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff for the usual and suitable service to its guests and the principal part of the business of which is the serving of foods. (4) The term 'hotel' means and includes any establishment having a resident ~roprietor or manager where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 10 guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains, under the same management and control as the rest of the establishment, a restaurant as an integral part thereof, or dining room with appropriate facilities for seating not' less than (30) guests at one time where the general ~ublic are, in considera- tion of payment therefor, served with meals at tables. "Section 11.15. Conditions of Operation and Restrictions on Consumption. a. No pool or billiard table shall be kept in the dispensary or any rooms connecting therewith; nor shall any one on such premises keep, possess or operate on such premises or in any rooms adjoining or connected therewith any slot machine, dice or any other gambling de.vi~e or permit the same ~ to be so kept or used. No gambling shall be permitted on such premises, nor shall any person of a known immoral character er any disorderly person be permitted on such premises. ' b. No other business than the sale of liquors shall be carried on by the dispensary or by any person employed therein during the time so employed. c. No liquor shall be sold to a ~erson who is in an intoxicated condition. (5) The term 'principal part of the business' means more than ~% of gross sales. (6) The term 'on-sale' means the sale if intoxicating liquor by the glass, or by the drink for consumption on the premises only. (7) The term "off-sale" means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold. (8) The term 'sunday sales' shall .mean the sale of liquor by the glass on Sunday in accordance with M.S.A. 340.14, Subd. 5, between the hours of 12:00 noon and 12:OO midnight on Sunday in conjunction with the serving of food. Subd. 2. License Required. No nerson, except wholesalers, or manufacturers, to the'extent'~uthorized under state license, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor for 'on-sale' sale without first having received a license to do so as provided in this section. 'on-~ale' licenses shall be issued only to hotels and restaurants. N~ more than three 'on-~le' licenses may be issued to hotels and restaurants. No person shall sell intoxicating liquor on Sunday unless they have apnlied for and received from the Village Council a special license authorizing suchsele. Such special license may be issued by the Village Council to hotels and restaurants holding an 'on-sale' license from the Village. Applications for a special 'Sunday sale' license shall be made to the Village Council in the same manner as applications for an 'on-sale' license to sell intoxicating liquor. The issuance of such special licenses shall require the nayment to the Village of a 'Sunday sale' license fee in the amount of $200. The license application shall clearly indicate whether the applicant is applying only for an 'on-~ale' liquor license or an 'on-sale, Sunday sale' license, and the licenses granted and issued shall be separate licenses bearing separate fees and subject to separate action by the Council for suspention or revocation, but a 'Sunday sale' license may not be issued unless a valid 'on-sale' license is in effect. It is hereby declared to be the public policy of the Village of Mound to issue one less 'on-sale' liquor license than authorized by state laws and to thereby avoid the abandonment of the municipal 'off-sale' liquor store operations. Unless otherwise authorized by a majority of voters voting on the question at a special election called for such purnose, the Village Council shall not issue the maximum number of liquor licenses authorized by Minnesota Statutes 340.353 as amended by Senate File 271, 1969 Minnesota Legislature. Subd. 3. A_pplications for License to be verified. Every application for an 'on-sale' license shall be verified and filed with the Village Clerk. Subd. 4. Contents of Application. In addition to information which may be required by th~ state liq~or control commissioner, the eeplication shall state: (1) Whether the applicant is a natural person, corporation, partnership or other form of organization. (2) If the applicant is a natural person, the following information shall be furnished: (a) True name, place and date of birth, and street residence address of applicant. (b) Whether applicant has ever used or been known by a name other than his true name, andif so, what was such name, or names, and information concerning dates and places where used. (c) The name of the business if it is to be conducted under s designation, name or style other than the full individual name of the applicant. (d) Whether the applicant is married or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. (e) Whether applicant and present spouse are registered voters and, if so, where. (f) Street addresses at which anplicant end present $~ouse have lived ~ring the preceding ten years. any ordinance, other than traffic. If so, the apnlicant shall furnish information as to the time, place and offense for which convictions were had. (h) Whether anplicant or his snouse has ever been engaged as an employee or in operating a saloon, .hotel, re~taur,nt, cafe, tavern or other business of a similiar nature. If so, applicant shall furnish information as to the time, place and length of time. (i) The name, address and business address of each person who is engaged in Minnesota in the bus'ness of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of whole or half blood, or who is a brother-in-law or sister-in- law of the applicant or his spouse. (3) If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in paragraph (2) above. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true co~y of the partnership agreement shall be submitted with the application. (4) If the applicant is a corporation Or other organization and is applying for an 'on-sale' license, the following information shall be furnished: (a) The name and, i£ incorporated, the state of incorporation. (b) A true copy of the certificate of incorporation, articles of incorporation or association agreement'end bylaws. (c) The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in paragraph (2) above. (d) A list of all natural persons who, singly or together with their spouse, or a parent, brother, sister or child of either of them, own or control an interest in said corporation or association in excess of 5%, or who are officers.of said. corporation or association, together with their addresses and all other information required of a single applicant in paragraph (2) above. (5) The exact legal descriptio~ of the premises to be licensed together with a plot plan cf the area showing dimensions, location of buildings, street access, parking facilities and the locations of and distances to the nearest church building and school grounds. The ¥i]_lage Council shall require the following off-street parking requirements for licensees of 'on-sale' licenses: (a) Hotel - At least one parking s~ace for each guest room or each dwelling unit provided in the design or redesign of t~e building. (b) Restaurant - At least one parkin~ space for each three seats. Additional parking of one parking space for each two employees on duty during the largest shift. The foregoing parking requirements for hotels and restaurants having 'on-sale' intoxicating liquor licenses shall supersede any off-street parking requirements established by Section 23.30 of the Village Code. (6) The floor number and street number where the 'on-sale' sale of liquor is to be conducted and the rooms where liquoris to be consumed. An applicant for an 'on-sale' license shall submit a floor plan of the dining room, or dining rooms, ~hich shall be open to the public, shall show dimensions and shall indicate the number of persons intended robe served in each of said rooms. (7) If a permit from the federal government is required by the laws of the United States, whether'or not such permit has been issued, and if so required, in what name issued, and the nature of the permit. (8) The amount of %he investment that the applicant has in the business, building, premises, fixtures, furniture, stock in. trade, etc., and proof of the source of such money. (9) The names and addresses of all persons, other than the aoplicant, who have any financial interest in the business, buildi~ngs, premises, fixtures, furniture, stock in tradel the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to, an~ lessees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees, trustors and oersons who have co-signed notes or otherwise loaned, pledged, or extended security ~or any indebtedness of the applicant. ' (10) The names, residences and business addresses of three persons, residents of tbs State of Minnesota, of good moral character, not related to the applicant or financially interested in the nremises or business, who may be referred to as the applicant's character or in the case where information is required of a manager, the manager's character. (11) Whether or not all real estate and personal property taxes for the premises to be licensed have been paid, and, if not paid, the years for which delinquent. (12) Whenever the application for an 'on-sale' license, or for a transfer thereof, is. for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the Village Engineer, no such plans need to be filed with the Village Clerk. (13) Such other information as the Village Council shall require. Subd. 5. Execution of Application. If the anplication is by a natural person, it shall be signed and sworn to by such ~erson; if by a corporation, by an officer thereof; if by a partner~hin, by one of the partners; if by an unincorporated assiociation, by the manager or managing officer thereof. If the applicant is a partnership, any license, bond and insurance policy issued shall be in the names of all the partners. Subd. 6. Renewal Application. Applications Ofor the renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license and shall be made in such abbreviated form as the Village Council may s~prove. If, in the Judgement of the Council good and sufficient cause is shown by any apnlicant for his failure to file for a renewal, within the time provided,~the Council may, if the other provisions of this section are complied with, waive this requirement and grant the application. Subd. 7. Accountant's Statement. At tbs earliest practicable time after application is made for the renewal of an 'on-sale' license, and in any event prior to the time that the application is approved by the Council, the applicant shall file with the Village Clerks statement made by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the 12- ~csth period immediately preceding the ~ate for filing renewal applications. Subd. §. License Fees, The following provisions control as to license fees and related subjects:' (1) The annual license fee for an 'on-sale! license shall be Five Thousand DolIars. ($5,000.00) (2) One-half of the annual license fee shall be paid when the application is filed and the remaining balance shall be paid before the license is iss~ed. Ail fees shall be paid · into the general fund of the village. Upon re~ection, or withdra~I of any application for a license, the license fee shall be refunded to the anplicant except where rejection or withdrawl is for a willful misstatement in the license a~lication. (3) At the time of each original application for a license, the applicant shall also pay a minimum investigating fee. This minimum fee shall be One Hundred Dollars ($100.O0) for each person shown on the a~plication, whether a proprietor, partner, manager, shareholder or officer. The minimum investigat- ing fee shall not be subject to refund. If the ex~en~es of the investigation relating to any application exceed the minimum investigating fee, the village shall notify the a~plicant of this fact and shall require the applicant to pay an additional investigating fee which.the Village Manager deems necessary to complete its investigation of the applicant. The applicant shall pay such an additional investigating fee within five (5) days of being so notified. If such additional investigating fee is not paid within such 5-day period the village shall discontinue consideration of the application. (4) No part of the fee paid for any license shall be refunded except in accordance with this section or with Village Council action. (5) At any time that an additional investigation is required because of a change in the ownership or control of a partnership or corporation or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an additional investigating fee in the amount of $75.00. Subd. 9. Granting ~f Licenses. The following procedure sh~ll be followed in processing applications for licenses under this section: (1) Ail applications for a license shall be referred to the Chief of Police, and to such other village department as the Village Manager shall deem necessary, for verification and investigation of the facts set forth in the anplication. The Chief of Police shall cause to be made such investi~ation of the information requested in Subdivision 4 as shall be necessary and shall make a written recommendation and reoort to the Village Council which shall include a list of all violations of federal or state law or municipal'regulations. (2) Upon receipt of the written report'and recommenda- tion by the Chief of Police andwithin 30 days thereafter, the Council shall instruct the Village Clerk to cause to be published in the official newspaper 10 days in advance, a notice of a bearing to be held by the Village Council, setting forth the day, time, and place when the hearing will be held, The name of the applicant~ the premises where the business is to be conducted, and such other information as the Council may direct. At the hearing opportunity shall be given any person to be heard for or agains,~ the granting cf the license. After the hearing the Council may ~. either grant or deny the license. If the license is granted, the Council may withold its issuance until the applicant has qualified in all respects fo~ the license. If the premises to be licensed are not complete at the time that the hearing is conducted, the Council may grant the license but shall withold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license iS granted. If a license has been granted but its issuance has been witheld pending completion of the premises to be licensed, and if the licens, ee does not proceed with reasonable dispatch to ready the premises, the Council may rescind the action granting the license. Such action shall not be taken, however, without giving the licensee at least ten days notice of the time and place of a hearing on the oroposed rescission. (3) Each license shall be issued to the anplicant only~ Each license shall be issued only for the nremises described in the application. (4) The ~lerk shall, within 10 days after the issuance of any license under this section, submit itc the liquor control commissioner the full name and address of each verson granted a license, the trade name, the effective license, date, and the date of expiration of the license. He shall also submit to the liquor control commissioner any change of !address, transfer, cancellation, or revocation of any license by the Council during the license period. Subd. 10. Person Ineligible for License. No license shall be granted to or held by any person~ (1) Who is ineligible under Minnesota Statutes, Chapter 340. (2) Under 21 years of age. (3) Who is not of good moral character and repute. (4) Who, if an individual, is an alien. (5) Who, within five years prior to the aoplication for such license, has been convicted of any willful violation of any law in the United States, the State of Minnesota, or any other state or territory, or of any local ordinance, with regard to the manufacture, sale, distrib~]tion, or possession for sale or distribution of intoxicating liquor, or whose liquor license has been revoked for any willful violation of any such laws or ordinancee. (6) Who is a manufacturer or wholesaler of intoxicating liquor. (7) Who is directly or indirectly interested in any other establishment in the village to which a liqense of the same class has been issued under this section. The word 'interested' as used in this paragraph includes any pecuniary interest in the ownership, o~eration, management or profits of such an establish- ment. (8) Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. (9) Who is the spouse of a person ineligible for a license under paragraphs 4, 5, or 6 of this subdivision and who, in the Judgment of the village council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the lieense. ~ 8ubd. 11. Ineligibility for License. Existence of any of the following conditions reneer any app-lcan~ x~eligible for receipt of a license ~ (1) No license shall be granted, or renewed, for o~eration on any premises on which t~xes, assessments, or other financial claims of the village are delinquent and unpaid. (2) No license shall be granted for a foreign corporation. (3) No license shall be issued for the premises o~ed by a person to whom a license may not be granted under this section, except an owner who is a minor or an alien. (4) No 'on-sale' license shall be granted for a restaurant which does not comply in all resnects with the definition of a restaurant as contained in Subdivision 1 of %his section, nor to any restaurant which does not have a total market value, including land, building and equipment, of'at least $200,000 as appraised by the village assessor.- (5) No 'on-sale' license shallbe granted For a hotel which does not comply in all respects with the definition of a hotel as contained in Subdivision 1 of this section, nor to any hotel which does not have a total market valUe, including land, building and equipment, of at least $ 500,000 as avpraisedby the village assessor. (6) No 'on-sale' license shall be granted restaurants or hotels unless they are located in a commercial or commercial A use district. Subd. 12. Conditions Governing Issuance. The following conditions gover~ issuance of a license pursuant tO this sections . '" (1) Every license shall be gra~ted subject to the provisions of this section and of any other applicable ordinance or law. (2) The license shall be posted in a conspicuous Dlace in the licensed premises at all times. (3) Every'licensee shall be responsible for the conduct o~m his place of business and for the conditions of sobriety and order in the place of business and on the premises. ' off-sale '. No 'on-sale' licensee shall sell intoxicating licuor (5) No license shall be effective beyond the building space shown in the license application for such license. (6) No person under 21 years of age shall be emnloyed in any rooms constituting the nlace in which intoxicating liauors are sold at retail 'on-sale', except that persons under 21 years of age may be employed to nerform the duties of a bus boy or dishwashing services in hotels or restaurants licensed under the provisions of this section. (7) No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 21 years of age or to any person to whom sale is prohibited by state law. (8) NO licensee or any of his employees shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apearatue on the licensed premises, or in any roomadJoining the licensed nremises,~-nc~ shall any persc~ ~ermit any gambling therein. (9) No licensee or any of his employees shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. (10) Any police ~fficer, health officer, sanitarian, building inspector, or any properly designated officer or.employee cf the village shall have the unqualified right to enter, inspect, and search the nremises of the licensee during business hours without warrant. (11) No 'on-sale' liquor establishment shall display liquor to the nublic during hours when the sale of liq~or is prohibited by this ordinance. (12) No licensee shall anply for or possess a federal wholesale or retail liquor dealer's special tax stamp or a federal gambling stamp. (13) Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws, or partner- ship agreement, as the cases may be, shall be submitted to the village clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall ndtify the Village Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceed 5~, and shall give all information about said person as is required of a person pursuant to the provisions of Subd. 4 of this section. Any change of ownership or beneficial interest or sales of' stock entitled to be voted at any meeting of the stockholders of a corporation which results in a change in voting control of the corporation by the persons owing shares of stock therein shall be deemed equivalent to a transfer of the license issued to such corporation and any such license shall be revoked and terminated 30 days after any such change in ownership or beneficial interest of shares, unless the Village Council ~hall have been notified of such change in writing and shall have a~proved thereof. (14) A restaurant shall be conducted, in such a manner that the principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the busines~ for a license year is the serving of food. (15) No transfer of a license shall be permitted from place to place or person to person without complying with all of the requirements of an original application, including the nayment of all fees and including the approval of the Village Council and the liquor control commissioner. (16) The business records of the licensee, including federal and state tax returns, shall be available for inspection by the Village Manager, or other duly authorized representative of the village or the Village Council at all reasonable times. (17) No sale of intoxicating liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for the service of food in guest rooms; nor unless the sale of such intoxicating liquor is made in the manner 'on-sale' are required to be made; nor unless such sale accompanies and is incident to the regular service of meals to guests therein; nor unless the rules of such hotel and the description, location and number of such guest rooms are fully set out in the application for a license. Subd. 13. Bond. (1) At the time of' filing an application for an 'on-salej license, the applicant shall file a bond with cornorate surety, with the Village Olerk. Such bond shall be in the amount of $10, OOO.OO. (2) The surety bond required by paragraph (1) of this subdivision shall be sub.~ect to the annroval of the village attorney as to form and execution. (3) The surety on such bond shall be a surety company duly licensed to do business in the State of Minnesota. All -surety bonds, when approved by the proper village officers, shall be deposited with the Village Clerk. (4) Ail such bonds shall be conditioned as follows, (a) The licensee shall obey the law relating to the licensed business. (b) That the licensee will pay to the village when due all taxes, license fees, penalties, and other charges provided by law. (c) That in the event of violation of any law relating to the business for which the license has been granted for the sale of liquor, the bond shall be forfeited to the village. (5) Ail such bonds shall provide that no cancellation for any cause can be made either by the bonding company or the applicant, without said person first giving 30 days written notice ' to the village, addressed to the Village Manager, of intention to cancel the bond. Subd. 14. Liabilit¥Insursnce. ' (1) Prior to the issuance of an 'on-sale' liquor license, the apnlicant shall file (a) a public liability insurance nolicy and (b) a liquor liability policy covering liability under the provisions of Minnesota Statutes, Section 340.95. Each of such policies shall provide coverage of at least $100,0OO and $300,000. (2) Such policies shall provide that no cancellation for any cause shall be made by either the insured or the insurer without first giving written notice of such cancellation to the village at least 30 days nrior to the effective date of cancellation. (3) Such policies of insurance shall further provide that no payment of any claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim or claims brought'against the insured or the insuring company. (4) Such policies shall be subject to approval of the village attorney as to form and execution and shall be issued by companies who are duly licensed to do busines~ in the State of Minnesota. Such policies, when approved by the proper village officials, shall be deposited with the village clerk. Subd. 15. Hours of Operation. No 'on-sale' sale of intoxicating liquor shall be made during the tim~s when such sale is prohibited bY state law. Subd. 16. Restrictions Involvin~ Sale to Minors. (1) No licensee, his agent or employee shall serve er ~iapense upon the licensed premises any intoxicating liquor to any person under the age of 21 years~ nor shall such licensee, or his agent o~ employee, permit any person under the age of 21 years t~ be furnished or consume a~y such liquors on the licensed premises. (2) Any person who may appear to the licensee, his employees or agents to be Under the age of 21 years shall upon demand of the licensee, his employee or agent, produce and permit to be examined an identification card, including · driver's l~.oerisee Subd. 17. Other Restrictions on Purchase or Consumption. (1) No person shall give, sell, procure or purchase intoxicating liquor for any person to whom the sale of intoxicating liquor is forbidden by law. (2) No person shall mix or prepare intoxicating liquor for 'on-sale' consumption in any public place not licensed in accordance with this code and the laws of the State of Minnesota. Subd. 18. Revocation . The Village Council may suspend or revoke an 'on-sale' license for the violation of any provision or condition of this section or of any state,law or federal law regulating intoxicat- ing liquor and shall revoke such license for any willful violation which, under the laws of the state, is grounds for mandatory revocation. Subd. 19. Revocation Procedures. A temporary suspension of the license may be ordered by the Village Council without giving prior notice to the licensee if said suspension is deemed necessary to protect the public health, safety and welfare. The Village Council may suspend a license if revocation is not mandatory, but said suspension shall not exceed60 days. The licensee shall be granted a public hearing upon at least 10 days written notice before revocation or suspension is ordered except when a temporary suspension is necessary to protect the public health, safety or general welfare. The notice shall state the nature of the charges against the licensee. Subd. 20. License Year. An 'on-sale' license ex~ires on July 1 each year. Subd. 21. Enlarsement Alterations or F~..tension of Premises. Proposed enlargement, alteration or extension of premises previously licensed shall be reported to the Village Clerk at or before the time application is made for a building permit for any such change and the licensee shall also give such information as is required by Subd. 4. Roll Call Vote Andre s sen Aye Schmidt Aye Peterson Aye Swenson Aye Fens ts d Aye So ordained ELECTION LIST FOR DFL Andreasen moved and Schmidt seconded the motion RESO~ITTON 70-239 RESOLUTION ACCEPTING THE FOLLO~,~NG LIST OF JUDGES FROM DFL PARTY FOR THE 1970 ELECTIONS DEMOC~AT ELECTION CLERKS Precinct I Barbara Beecham Frances Harlin Patricia Frevert Marjorie Cox Marjorie Erickson Dorothy O'Brien Betty Jane Weiland Evangeline Burke Elsie Dressel Precinct II Haddie 0hmann Ann Miller Ceciliann Huff Mary Martha Scalmter Bet~y Jane Gave Marie Kepke Eleanor Gruhn Constance Hoefer Janelle Melenich Precinct Ill Isabel Kenehar Bertha Jacobson Charlene Miller Cosmos Gross Alma Quist Allen Sollie Catherine Lister Precinct IV Bettie Ketchum Betty Porter Roberts Engelhardt Joan Heitz Darlene Howe Eileen O'Neil Roll Call Vote Andressen Aye Sckmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved RESOLUTION OF INTENT Peterson moved and Andreasen seconded the motiol · RESOLUTION 70-240 RESOLUTION OF INTENT (Fire Services for School District 277 Schools in the Village of Minnetrista Hilltop and Mound-West Tonka High School) WHERgAS, the Village of Mound has for a long period of time provided fire protection to portions of the Village of Minnetrista, and WHEREAS, IndependSnt School District No. 277 is in the process of construct- ing the Mound-West Tonka High School and said school is in the Village of Minnetrista, and ~HEREAS, the Village of Mound offered to extend its Municipal water facilities to serve said school and said service would provide the new school with an adequate supply and adequate storage facility to orotect the safety of the children and the oublic property, and M~EREAS, I.S.D. #277 and the Village of Minnetrista discussed said proposed extension of Mound Municio81 water facilities and declined to use the Mound system and decided to construct their own water system which would serve the school and certain additional properties in the Village of Minnetrista, and ~HEREAS, the Village of Mound in accordance with the contract nrovision has given notice to the Village of Minnetrista terminating the fire contract ss of December 31, 1970, and WHEREAS, The Village of Minnetrista and Indepem~ent School District No. 277 have expressed great concern for the safety of the students and the public property if Mound does not provide fire protection, and '~tER~AS, the Fire Underwriters Rating Bureau has recommended that the school obtain as a minimum service on a temporary basis that the Mound-West Tonka High School have a 1000 gallon per minute pump and a 5000 gallon pressure storage tank and that fire hydrants be located around the school structure and that said hydrants be at least 300 feet from the building, and WHEREAS, this Council is extremely concerned about the safety of the children located at the Mound-West Tonka High School and the Hilltop Elementary School, and WHEREAS, the Village of Mound believes that the proposed system is inadequate and even believes that the Fire Underwriters suggestion is inadequate and believes that Independent School District No.277 should have connected to the Mound facilities but believes that the following suggestions are necessary to provide a minimum of protection to the children and the school facilities. NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF TH[,] VILLAGE OF MOUND: 1. The existing fire contract shall be terminated December 31, 1970 in accordance with Resolution No. 70-223 adopted by this Council August 11, 1970. 2. That the Village of Mound would be willing to enter into a new fire contract with the Village of Minnetrists to serve the Mound-West Tonka High School and the Hilltop Elementsry School if the Village of Minnetrista and Independent SchOol District No. 277 will construct at the West Tonka High School; a) a source.of supply of water which will produce 10OO gallons per minute b) a 1000 gallon per minute pump c) a 5000 gallon Dressure storage tank d) sn adequate number of fire hydrants located at least 300 feet from the school building. 3. Thst the foregoing offer of fire Services would be subject to negotiations regarding specific terms. a) that said offer of services would not apply to any area of Minnetrista other than the two aforementioned schools. b) the Village Manager is directed to send a cony of this resolution to the Mayor of the Village of Minnetrista and the Chairman of the Board of Education of Independent School District No. 277. Roll Call Vote Schmidt Nay Andreasen Aye Swenson Nay Peterson Aye Fenstad Aye So resolved BILLS The following bills were presented for consideration and in addition to this list are :, LI~IOR FUND Village of Mound Bruce Erickson Iverson Associates 12.75 28.00 175.00 215.75 FIP~ FUND Charles Orn 125.00 Mound Fire Dept 750.00 Bruce Erickson 7.00 882.00 GENERAL FUND Henn County Treasurer 2,458.O0 2,458.00 WATE~FUND Bruce Erickson 14.OO 14.OO ADMINISTRATION FUND Bruce Erickson 56.30 56.30 Total 3,626eO5 Andreasen moved and Schmidt seconded the motion to pay the folloowing bills plus the additional bills totaling 3,626.05 for a grand total of 27,293.71, where funds are available. The vote was unanimously in favor, so carried. BOND AND INTEREST Glen Elyn Northern Contrsct~ng Aspen Lane Western Concrete D-Smaber Western Concrete Hal-Bayridge Western Concrete 1,587.33 6,945.53 6,945.53 6,945.54 1,587.33 6,945.53 6,945.53 6,945~54 FIRE FUND Buds Pure Oil 843.73 843.73 ELECTION FUND Gloria McLenighan 25.00 25.00 ADMINISTRATION FUND City o!' Richfield 156.00 156.00 STREET FUND David Agency 108.00 lO8.00 LIQUOR FUND David Agency 111.00 111. O0 HIGHLAND DRAINAGE - Will Johnson Peterson moved and Swenson seconded a motion RESOLUTION 70-2132 RESOLUTION ORDERING A SURVEY OF PARK (Block 2 Highland Shores) Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved Andreasen moved and Schmidt seconded a motion to adjourn until the meeting of September 8, 1970 at 7:30 P.M. at the Island Park Hall. The vote was unanimously in favor, so carried and adjourned. ~_~y i/ ~~.~,_ / Orval ~en~ad; Mayor Attested:( ~~,.~,~/ ~'~~ 'LeOnard L. ~c~pp, V~l~age Manager