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