City Code (cont.)
__________
*Cross
references: Food and
beverage establishments, § 22-121 et seq.; consumption and possession of beer,
wine or liquor on streets and public property, § 38-3.
State
law references: Liquor
Act, M.S.A. § 340A.101 et seq.
__________
The
following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Applicant
means any person making an application for a license under this chapter.
Application
means a form with blanks or spaces thereon, to be filled in and completed by the
applicant as his request for a license, furnished by the city and uniformly
required as a prerequisite to the consideration of the issuance of a license for
a business.
Beer
means 3.2 percent malt liquor which contains not in excess of 3.2 percent
alcohol by weight.
Beer
store means an
establishment engaged in the following types of business: restaurants, hotels,
motels or bona fide clubs (on-sale only). As an incident to the business,
cigars, cigarettes, ice, all forms of tobacco, soft drinks at retail and beer
on-sale or off-sale may also be sold at a beer store.
Church
means a building which is principally used as a place where persons of the same
faith regularly assemble for the public worship of God.
Club
means any corporation duly organized under the laws of this state and in
existence for 15 years or more or a congressionally chartered veterans'
organization which has been in existence for ten years for civic, fraternal,
social or business purposes or for intellectual improvement or for the promotion
of sports, which shall have more than 50 members, and shall, for more than a
year, have owned, hired or leased a building or space in a building of such
extent and character as may be suitable and adequate for the reasonable and
comfortable accommodation of its members and whose affairs and management are
conducted by a board of directors, executive committee or other similar body
chosen by the members at a meeting held for that purpose, none of whose members,
officers, agents or employees are paid directly or indirectly any compensation
by way of profit for the distribution or sale of beverages to the members of the
club or to its guests, beyond the amount of such reasonable salary or wages as
may be fixed and voted each year by the members or other governing body.
Exclusive
liquor store means an
establishment used exclusively for the sale of those items authorized in M.S.A.
§ 340A.412, subd. 12.
Hotel
means an establishment where food and lodging are regularly furnished to
transients and which has:
(1)
A dining room serving the general public at tables and having facilities
for seating at least 30 guests at one time; and
(2)
Twenty-five guestrooms.
License
means a document issued by the city to an applicant permitting him to carry on
and transact the business stated therein.
License
fee means the money paid
to the city pursuant to an application and prior to issuance of a license to
transact and carry on the business stated therein.
Licensee
means an applicant, who, pursuant to his approved application, holds a valid,
current, unexpired license, which has neither been revoked nor suspended from
the city for carrying on the business stated therein.
Liquor
and intoxicating liquor
means ethyl alcohol and distilled, fermented, spirituous, vinous and malt
beverages containing in excess of 3.2 percent of alcohol by weight.
Manufacturer
means every person who, by any process of manufacturing, fermenting, brewing,
distilling, refining, rectifying, blending, or by the combination of different
materials, prepares or produces liquor, wine or beer for sale.
Off-sale
means the retail sale of beer or liquor in original packages for consumption off
or away from the licensed premises only.
On-sale
means the retail sale of beer, wine or liquor, by the glass or by the drink, for
consumption on the licensed premises where sold only.
Package
or original package means
any container or receptacle holding liquor, wine or beer, which container or
receptacle is corked, capped or sealed by a manufacturer or wholesaler.
Restaurant
means any establishment, other than a hotel or motel, under the control of a
single proprietor or manager, where meals are regularly prepared on the premises
and served at tables to the general public and which shall have seating capacity
for not less than 30 guests.
Wholesaler
means any person who sells alcoholic beverages to whom sale is permitted under
M.S.A. § 340A.310, from a stock maintained in a warehouse in the state.
Wine
means the product made from the normal alcoholic fermentation of grapes,
including still wine, sparkling and carbonated wine, wine made from condensed
grape must, wine made from other agricultural products than sound, ripe grapes,
imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each
instance containing not less than one-half of one percent or more than 24
percent alcohol by volume for nonindustrial use. Wine does not include distilled
spirits as defined in M.S.A. § 340A.101, subd. 9.
(Code
1980, § 5.01)
Cross
references: Definitions
generally, § 1-2.
Every
person who violates this chapter when he performs an act thereby prohibited or
declared unlawful or who fails to act when such failure is thereby prohibited or
declared unlawful, upon conviction, shall be punished as for a misdemeanor as
provided in section 1-13, except as otherwise stated in specific provisions of
this chapter.
(Code
1980, § 5.99)
(a)
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Nudity
means uncovered or less than opaquely covered postpubertal human genitals, pubic
areas, the postpubertal human female breast below a point immediately above the
top of the areola, or the covered human male genitals in a discernibly turgid
state. For purposes of this definition, a female breast is considered uncovered
if the nipple only or the nipple and the areola only are covered.
Obscene
performance means a play,
motion picture, dance, show or other presentation, whether pictured, animated or
live, performed before an audience and which in whole or in part depicts or
reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse or
which includes obscenities or explicit verbal descriptions or narrative accounts
of sexual conduct.
Obscenities
means those slang words generally rejected for regular use in mixed society that
are used to refer to genitals, female breasts, sexual conduct or excretory
functions or products, either that have no meaning or that in context are
clearly used for their bodily, sexual or excretory meaning.
Sadomasochistic
abuse means flagellation
or torture by or upon a person who is nude or clad in undergarments or in
revealing or bizarre costume or the condition of being fettered, bound or
otherwise physically restrained on the part of one so clothed.
Sexual
conduct means human
masturbation, sexual intercourse or any touching of the genitals, pubic areas or
buttocks of the human male or female or the breasts of the female, whether alone
or between members of the same or opposite sex or between humans and animals in
an act of apparent sexual stimulation or gratification.
Sexual
excitement means the
condition of human male or female genitals or the breasts of the female when in
a state of sexual stimulation or the sensual experiences of humans engaging in
or witnessing sexual conduct or nudity.
(b)
Unlawful act. It is unlawful for any person issued a license
provided for in this chapter to permit upon the licensed premises any nudity,
obscene performance or continued use of obscenities as defined in M.S.A. §
617.241 by any agent, employee, patron or other person or make visible any
nudity or obscene performance from the licensed premises.
(Code
1980, § 5.92)
Secs.
6-4--6-30. Reserved.
__________
*Cross
references: Businesses, ch.
22.
__________
(a)
Generally. All applications for licenses required under this
article shall be made at the office of the city clerk upon forms prescribed by
the proper department of the state, together with such additional information as
the council may desire. If not so prescribed, the application shall be made upon
forms furnished by the city. All questions asked or information required by the
application forms shall be answered fully and completely by the applicant. The
license application and investigation fees shall be paid at the time of
application.
(b)
Corporate applicants and licensees. A corporate applicant, at the
time of application, shall furnish the city with a list of all officers,
directors and shareholders holding ten percent or more of the shares, either
individually or beneficially for others. It is the duty of each corporate
licensee to notify the city clerk of any change in such ownership, control or
beneficial interest in such corporation. Any such change which results in the
change of ownership or control of the corporation shall be deemed equivalent to
a transfer of the license issued to the corporation, and any such license shall
be revoked 30 days after any such change unless the council has been notified of
the changes in writing and has approved it by appropriate action. The council or
any city officer designated by it may at any reasonable time examine the stock
transfer records and minute books of any corporate licensee in order to verify
and identify the shareholders, and the council or its designated officer may
examine the business records of any other licensee to the extent necessary to
disclose the interest which persons other than the licensee have in the licensed
business. The council may revoke any license issued upon its determination that
a change of ownership of shares in a corporate licensee or any change of
ownership of any interest in the business of any other licensee has actually
resulted in the change of control of the licensed business.
(c)
False statements. It is unlawful for any applicant to
intentionally make a false statement in such application. Any false statement or
willful omission of any information called for on such application form shall,
upon discovery of such falsehood, work an automatic refusal of the license or,
if already issued, shall render any license issued void and of no effect to
protect the applicant from prosecution for violation of this chapter or any part
thereof.
(Code
1980, § 5.02, subds. 1, 2, 4(F))
(a)
Generally. Except as otherwise provided in this article, all fees
for licenses required under this article shall be fixed and determined by the
council, adopted by resolution and uniformly enforced. Such license fees may,
from time to time, be amended by the council by resolution and shall not exceed
the maximum as set by the state statutes. A copy of the resolution setting forth
the license fees shall be kept on file in the office of the city clerk and shall
be open to inspection during regular business hours.
(b)
Application and investigation fees. At the time of the initial
application, an applicant for an on-sale or off-sale beer or liquor license or
on-sale wine license shall pay to the city the sum fixed and determined by the
council, adopted by resolution, and uniformly enforced. Such fee shall be
considered an application and investigation fee, not refundable to the
applicant, to cover the costs of the city in processing the application and the
investigation thereof.
(c)
Installments for intoxicating on-sale liquor license. All
intoxicating on-sale liquor licensees may have the option of paying the annual
license fee in two installments. The first installment shall be due on or before
July 1, and the second installment shall be due on or before January 1. If the
installment payment is not received on the appropriate date, the on-sale
intoxicating liquor license shall be automatically revoked until the installment
payment and other required fees are received by the office of the city clerk.
The additional fees for late payment shall include the currently required
license reinstatement fee and the late fee for licenses as adopted by council
resolution.
(d)
Refunds. If, during the license year, the licensed premises shall
be destroyed or so damaged by fire or otherwise that the licensee shall cease to
carry on the licensed business or if the business of the licensee shall cease
because of his illness or death or if it shall become unlawful for the licensee
to carry on the licensed business under his license, except when such license is
revoked, the city shall refund to the licensee or to his estate such part of the
license fee paid by him as corresponds to the time such license had yet to run.
If death of the licensee occurs, his personal representative is authorized to
continue operation of the business for not more than 90 days after the death of
such licensee. The survivor, if eligible for a license, shall have the right of
succession of the license.
(Code
1980, §§ 5.02, subds. 3, 4(C), 5.12)
In
addition to any other provision of law, no person shall qualify for a license
under this article who has been convicted within the past five years of
violating any law relating to the manufacture, sale or distribution of beer,
liquor or wine or whose license therefor has been revoked within such period of
time. No person shall qualify as a licensee who has not attained the age of 21
years or who is not a citizen or resident alien of the
(Code
1980, § 5.02, subd. 8)
(a)
Under this article, before a license is issued to an individual who is a
nonresident of the county, to more than one individual whether or not they are
residents of the county or to a corporation, partnership or association, the
applicant shall appoint in writing an individual person who is a resident of the
county as the applicant's manager or agent.
(b)
Such manager or agent must be a person who, because of age, character,
reputation and other attributes, could qualify individually as a licensee.
(c)
Such resident manager or agent shall, by the terms of his written
consent:
(1)
Take full responsibility for the conduct of the licensed premises; and
(2)
Serve as agent for service of notices and other process relating to the
license.
(d)
If such manager or agent ceases to be a resident of the county or ceases
to act in such capacity for the licensee without appointment of a successor, the
license issued pursuant to such appointment shall be subject to revocation or
suspension.
(Code
1980, § 5.02, subd. 7)
No
license required under this article shall be granted for operation on any
premises upon which taxes, assessments or installments thereof or other
financial claims of the city are owed by the applicant and are delinquent and
unpaid.
(Code
1980, § 5.04)
No
person shall be granted a beer, liquor or wine license at more than one location
in the city. For the purpose of this section, any person owning an interest of
five percent or more of the entity to which the license is issued or such
ownership by a member of his immediate family shall be deemed to be a licensee.
(Code
1980, § 5.05)
(a)
Approval. The council may approve any application for a license
required under this article for the period of the remainder of the then-current
license year or for the entire ensuing license year. All applications, including
proposed license periods, must be consistent with this chapter.
(b)
Issuing. If an application is approved, the city clerk shall issue
a license in the form prescribed by the city or the proper department of the
state. All licenses shall be on a calendar-year basis unless otherwise specified
in this article. For a license issued and which is to become effective other
than on the first day of the license year, the fee to be paid with the
application shall be a pro rata share of the annual license fee. Licenses shall
be valid only at one location and on the premises therein described.
(Code
1980, § 5.02, subd. 4(A), (B))
The
council may, in its sole discretion and for any reasonable cause, refuse to
grant any application for a license required under this article. No license
shall be granted to a person of questionable moral character or business
reputation. Licenses shall terminate only by expiration or revocation.
(Code
1980, § 5.02, subd. 4(E))
Under
this article, notwithstanding any provision of law to the contrary, the council
may, upon a finding of the necessity therefor, place such special conditions and
restrictions, in addition to those stated in this chapter, upon any license as
it, in its discretion, may deem reasonable and justified.
(Code
1980, § 5.06)
Every
person issued a license pursuant to this article shall post the license in a
conspicuous place on the licensed premises.
(Code
1980, § 5.02, subd. 6)
Duplicates
of all original licenses issued under this article may be issued by the city
clerk, without action by the council, upon the licensee's signed statement that
the original has been lost and upon payment of a fee for issuance of the
duplicate. All duplicate licenses shall be clearly marked "duplicate."
(Code
1980, § 5.02, subd. 5)
No
license issued under this article shall be transferable between persons or to a
different location without prior consent of the council and the filing of an
initial application. It is unlawful to make any transfer in violation of this
section.
(Code
1980, § 5.02, subd. 4(D))
Application
for renewal of a license issued under this article shall be made at least 60
days prior to the date of expiration of the license and shall contain such
information as is required by the city.
(Code
1980, § 5.03)
Under
this article, on a finding that the license or permit holder has (i) sold
alcoholic beverages to another retail licensee for the purpose of resale, (ii)
purchased alcoholic beverages from another licensee for the purpose of resale,
(iii) conducted or permitted the conduct of gambling on the licensed premises in
violation of the law, (iv) failed to remove or dispose of alcoholic beverages
when ordered by the commissioner to do so under M.S.A. § 340A.508, subd. 3, or
(v) failed to comply with an applicable statute, rule or ordinance relating to
alcoholic beverages, the commissioner or the city issuing a retail license or
permit under this article may revoke the license or permit, suspend the license
or permit for up to 60 days, impose a civil penalty of up to $2,000.00 for each
violation, or impose any combination of these sanctions. No suspension or
revocation takes effect until the license or permit holder has been given an
opportunity for a hearing under M.S.A. §§ 14.57--14.69 of the administrative
procedure act. This section does not require the city to conduct the hearing
before an employee of the office of administrative hearings. Imposition of a
penalty or suspension by either the city or the commissioner does not preclude
imposition of an additional penalty or suspension by the other so long as the
total penalty or suspension does not exceed the stated maximum.
(Code
1980, § 5.02, subd. 4(G))
(a)
Except as provided in this section, a license issued under this article
shall be valid only in the compact and contiguous building or structure situated
on the premises described in the license, and all transactions relating to the
sale under such license must take place within such building or structure.
(b)
The city council may authorize an on-sale intoxicating liquor licensee to
dispense intoxicating liquor at any convention, banquet, conference, meeting or
social affair conducted at the National Guard Armory, 410 Prospect Avenue, the
city arena, Lake Chapeau Drive, or the Freeborn County Fairgrounds, North Bridge
Avenue. The licensee must be engaged to dispense liquor by the organization or
person sponsoring the event and may dispense liquor only to persons attending
the event.
(c)
The city council may authorize a club on-sale intoxicating liquor
licensee to dispense intoxicating liquor at club-sponsored events conducted at
the National Guard Armory, the city arena or the Freeborn County Fairgrounds.
(d)
Application for authorization under this section must be made in writing
by the licensee, upon a form approved by the city, not less than three weeks
prior to the date of the event. It shall carry the endorsement of the event
sponsor and the management of the facility and shall be accompanied by the
certificate of the licensee's liability insurer showing proof of insurance for
the specific event for which authorization is sought.
(e)
A licensee authorized to dispense intoxicating liquor under this section
shall be subject to all the rules and conditions of the licensee's license, and
violations of the law may result in revocation of the license. In no event shall
alcohol be dispensed at an amateur athletic event at the National Guard Armory,
the city arena or the Freeborn County Fairgrounds.
(Code
1980, § 5.07)
(a)
All premises licensed under this article shall at all times be open to
inspection by any police officer to determine whether or not this chapter is
being observed. All persons, as a condition to being issued a license, shall
consent to such inspection by such officers and without a warrant for searches
or seizures.
(b)
It is unlawful for any licensee or agent or employee of a licensee to
hinder or prevent a police officer from making such inspection.
(c)
Unimpaired and unrestricted visibility to the interior of all licensed
premises shall at all times be maintained.
(Code
1980, § 5.11)
Except
as provided in this chapter, every licensee under this article shall be
responsible for the conduct of his place of business and shall maintain
conditions of sobriety and order therein.
(Code
1980, § 5.09)
Any
sale of beer, wine or liquor in or from any premises licensed under this article
by an employee authorized to make such sale in or from such place is the act of
the employer as well as of the person actually making the sale, and every such
employer is liable to all of the penalties provided by law for such sale equally
with the person actually making the sale.
(Code
1980, § 5.10)
(a)
For the purpose of this section, any person under 21 years of age shall
be considered a minor. Proof of age for the purpose of consuming, purchasing or
possessing wine, beer or liquor may be established only by a valid driver's
license or current state identification card issued pursuant to M.S.A. § 171.07
or any valid identification as authorized by M.S.A. § 340A.503, subd. 6.
(b)
It is unlawful for any:
(1)
Minor to misrepresent his age for the purpose of obtaining wine, beer or
liquor.
(2)
Minor to consume wine, beer or liquor.
(3)
Minor to have wine, beer or liquor in his possession.
(4)
Minor to enter licensed premises for the purpose of purchasing or
procuring wine, beer or liquor.
(5)
Person to knowingly induce another to make an illegal sale or purchase of
wine, beer or liquor.
(6)
Licensee to sell wine, beer or liquor on any day or during any hour when
sales of wine, beer or liquor are not permitted by law.
(7)
Person to purchase wine, beer or liquor on any day or during any hour
when sales of wine, beer or liquor are not permitted by law.
(8)
Licensee to sell or serve wine, beer or liquor to any person who is
obviously intoxicated.
(9)
Licensee to sell or serve wine, beer or liquor to any minor.
(10)
Person to furnish, purchase or procure wine, beer or liquor for a minor.
(11)
Minor to purchase wine, beer or liquor or procure another to purchase
wine, beer or liquor for him.
(12)
Licensee to sell wine, beer or liquor except in conjunction with the sale
of food.
(13)
Person to consume or any licensee to permit consumption of beer, wine or
liquor on licensed premises after 1:15 a.m. or 15 minutes after the hour when a
sale thereof can legally be made.
(14)
On-sale licensee to permit any glass, bottle or other container
containing beer, wine or liquor in any quantity to remain upon any table, bar,
stool or other place where customers are served after 1:15 a.m. or 15 minutes
after the hour when a sale thereof can legally be made.
(15)
Person, other than an on-sale licensee's bona fide employee actually
engaged in the performance of his duties, to be on premises licensed under this
article after 1:15 a.m. or 15 minutes after the legal time for making licensed
sales. However, this subsection shall not apply to licensees, employees of
licensees and patrons on licensed premises for the sole purpose of preparing,
serving or consuming food or beverages other than beer, wine or liquor.
(c)
No person under the age of 21 years shall be allowed in any room where
intoxicating liquor, 3.2 percent malt liquor or wine is sold after written
notice upon the licensee or his agent by the parent or legal guardian of such
person that such person is to be excluded. Notice given pursuant to this
subsection shall be effective for one year from date thereof unless withdrawn or
renewed in writing. It shall be the duty of the licensee or his agent to post
notices given pursuant to this section and to inform employees of them, except
as authorized by M.S.A. 340A.503, subd. 4.
(Code
1980, §§ 5.08, 5.13, 5.35, 5.54, 5.83)
Secs.
6-50--6-75. Reserved.
It
is unlawful for any person to sell or keep or offer for sale any beer without a
license from the city. This section shall not apply to sales by manufacturers to
wholesalers or to sales by wholesalers to persons holding on-sale or off-sale
beer licenses from the city.
(Code
1980, § 5.30)
The
following restrictions and regulations apply to beer licenses issued under this
article:
(1)
No gambling or gambling devices shall be permitted on any licensed
premises, except such as are licensed by the state.
(2)
No licensee shall, during the effective period of such license, be the
owner or holder of a federal retail liquor dealer's tax stamp for the sale of
intoxicating liquor. Ownership or holding thereof shall be grounds for immediate
revocation, without a hearing.
(3)
No license shall be granted to a wholesaler or manufacturer of beer or to
anyone holding a financial interest in such manufacturer or wholesaling.
(4)
No person who has not attained the age of 18 years shall be employed to
sell or serve beer in any on-sale establishment.
(5)
Except as otherwise provided in this chapter, no license shall be granted
for any building within 300 feet of any public elementary or secondary school
structure or within 100 feet of any church structure.
(6)
On-sale licenses shall be granted only to bona fide clubs, beer stores,
restaurants and motels or hotels.
(7)
No off-sale license shall be issued to an establishment, the principal
part of which is for the sale of food for consumption off the premises or to a
drugstore or to an establishment principally for the sale of petroleum products.
(8)
Every license shall be granted subject to the provisions of this chapter
and all other applicable provisions of this Code and other laws relating to the
operation of the licensee's business.
(9)
Prior to the issuance of any 3.2 percent malt liquor license, the
applicant shall file with the city clerk a written and verified application in
the form prescribed. An on-sale or off-sale application shall be accompanied by
one of the following:
a.
A certificate that there is in effect for the period covered by the
license an insurance policy or pool providing the following minimum coverages:
1.
Fifty thousand dollars because of bodily injury to any one person in any
one occurrence and, subject to the limit for one person, in the amount of
$100,000.00 because of bodily injury to two or more persons in any one
occurrence, and in the amount of $10,000.00 because of injury to or destruction
of property of others in any one occurrence.
2.
Fifty thousand dollars for loss of means of support of any one person in
any one occurrence and, subject to the limit for one person, $100,000.00 for
loss of means of support of two or more persons in any one occurrence; or
b.
A bond of a surety company with minimum coverages as provided in
subsection (9)a of this section; or
c.
A certificate of a state treasurer that the licensee has deposited with
him $100,000.00 in cash or securities which may legally be purchased by savings
banks or for trust funds having a market value of $100,000.00.
d.
An applicant with sales of 3.2 percent malt liquor of less than
$10,000.00 per year shall be exempt from this subsection upon filing proof of
sales of less than $10,000.00 in a form approved by the city attorney.
The
liability insurance shall specifically provide for the payment by the insurance
company on behalf of the insured of all sums which the insured shall become
obligated to pay because of liability imposed upon him by law for injuries or
damage to persons, other than employees, including the liability imposed upon
the insured by M.S.A. § 340A.801. Such liability insurance policy shall further
provide that no cancellation of the policy for any cause can be made either by
the insured or the insurance company without first giving ten days' notice to
the city in writing of the intention to cancel the policy, addressed to the city
clerk. All bonds and policies shall be approved by the city attorney.
(Code
1980, § 5.33)
(a)
Qualifications of applicant; property restrictions. A club or
charitable, religious, or nonprofit organization, duly incorporated as a
nonprofit or religious corporation under the laws of the state and having its
registered office and principal place of activity within the city, shall qualify
for a temporary on-sale beer license, for serving beer on private property or
only on the following described public property:
(1)
Beginning at center Section 33 T103R21W; thence east 1270 feet; thence
south 500 feet; thence west 1,270 feet; thence north 500 feet to the point of
beginning; less the west 50 feet for road purposes.
(2)
Beginning at a point on the south side of West Clark Street 140 feet west
of the southwest corner of the intersection of West Clark Street and Third
Avenue; running thence westerly 420 feet more or less to the northeast corner of
School Addition, as platted and recorded in the office of the county recorder;
running thence southerly to the north line of the right-of-way of the Chicago,
Milwaukee and St. Paul Railroad Company; running thence southeasterly along the
north line of such right-of-way to a point directly southerly of the place of
beginning; running thence northerly to the place of beginning; containing 7 1/2
acres, more or less; together with the perpetual right and easement to use a
strip of land 20 feet in width immediately adjoining such tract of land upon the
easterly side thereof for driveway and alley purposes and uses as are incidental
thereto.
(3)
Starting at the southeast corner of block 1, Original Town, south 66
feet, west 270 feet to P.O.B., southeast one-fourth Section 8.
(4)
Blocks 1 and 8,
(b)
Conditions.
(1)
An application for a temporary license shall state the exact date and
place of the proposed temporary sale.
(2)
Any such license may be conditioned, qualified or restricted as the
council sees fit.
(Code
1980, § 5.32)
No
sale of beer shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any
weekday, Monday through Saturday, inclusive. No beer sale shall be made on any
Sunday between the hours of 1:00 a.m. and 12:00 noon.
(Code
1980, § 5.34)
Secs.
6-80--6-105. Reserved.
It
is unlawful for any person to sell or keep or offer for sale any liquor without
a license from the city. This section shall not apply to the following:
(1)
Possession or handling for sale or otherwise of sacramental wine for any
representative of any religious order or for use in connection with a legitimate
religious ceremony;
(2)
Such potable liquors as are prescribed by licensed physicians and
dentists for therapeutic purposes;
(3)
Industrial alcohol and its compounds not prepared or used for beverage
purposes;
(4)
Wine in the possession of a person duly licensed under this article as an
on-sale wine licensee; or
(5)
Sales by manufacturers to wholesalers duly licensed as such by the state
and to sales by wholesalers to persons holding on-sale or off-sale licenses from
the city.
(Code
1980, § 5.50)
(a)
Prior to the issuance of any liquor license, the applicant shall file
with the city clerk a written and verified application in the form prescribed.
An on-sale or off-sale application shall be accompanied by one of the following:
(1)
A certificate that there is in effect for the period covered by the
license an insurance policy or a pool providing the following minimum coverages:
a.
Fifty thousand dollars because of bodily injury to any one person in any
one occurrence and, subject to the limit for one person, in the amount of
$100,000.00 because of bodily injury to two or more persons in any one
occurrence, and in the amount of $10,000.00 because of injury to or destruction
of property of others in any one occurrence;
b.
Fifty thousand dollars for loss of means of support of any one person in
any one occurrence and, subject to the limit for any one person, $100,000.00 for
loss of means of support of two or more persons in any one occurrence; or
(2)
A bond of a surety company with minimum coverages as provided in
subsection (a)(1) of this section; or
(3)
A certificate of a state treasurer that the licensee has deposited with
him $100,000.00 in cash or securities which may legally be purchased by savings
banks or for trust funds having a market value of $100,000.00.
The
liability insurance shall specifically provide for the payment by the insurance
company on behalf of the insured of all sums which the insured shall become
obligated to pay because of liability imposed upon him by law for injuries or
damage to persons, other than employees, including the liability imposed upon
the insured by M.S.A. § 340A.801. Such liability insurance policy shall further
provide that no cancellation of the policy for any cause can be made either by
the insured or the insurance company without first giving ten days' notice to
the city in writing of the intention to cancel the policy, addressed to the city
clerk. All bonds and policies shall be approved by the city attorney.
(b)
No license shall be granted to a wholesaler or manufacturer of liquor or
to anyone holding a financial interest in such manufacture or wholesaling.
(c)
No gambling or gambling device shall be permitted on any licensed
premises, except such as are licensed by the state.
(d)
No person under the age of 18 years shall be employed upon premises or in
any rooms constituting the premises, except that a person under the age of 18
years may be employed as a musician or to perform the duties of a busboy or for
dishwashing services in a place defined as a restaurant, hotel or motel.
(e)
No licensee shall sell, offer for sale or keep for sale liquor in any
original package which has been refilled or partly refilled.
(f)
No licensee shall display liquor to the public during hours when the sale
of liquor is prohibited.
(g)
No license shall be granted for any building within 300 feet of any
public elementary or secondary school structure or within 100 feet of any church
structure.
(h)
No more than one license shall be held by any person. For the purpose of
this subsection, any person owning a beneficial interest for five percent or
more of any licensed establishment shall be considered a licensee.
(i)
Off-sale licenses shall be granted only to exclusive liquor stores.
(j)
The council may issue the number of on-sale licenses authorized by
statute or restrict such number from time to time as it may, in its discretion,
deem proper.
(k)
Every license shall be granted subject to the provisions of this chapter
and all other applicable provisions of this Code and other laws relating to the
operation of the licensed business.
(Code
1980, § 5.52)
(a)
Established. In addition to such regular on-sale and off-sale
liquor licenses, special on-sale licenses for the sale of intoxicating liquor on
Sunday shall be issued only to hotels, restaurants and clubs as defined in M.S.A.
§ 340A.101 and as further restricted by this chapter. All sales of liquor by
such establishments shall be in accordance with M.S.A. § 340A.504, subd. 3.
Such special licenses may be granted only to holders of regular on-sale liquor
licenses.
(b)
Application. Application for the special Sunday on-sale license
shall be made to the city council in the same manner as applications for other
licenses to sell intoxicating liquors. Such special licenses may be issued by
the city council for a period of one year and for such a fee as shall be
determined by the city council. Prior to the issuance of any Sunday on-sale
license, the applicant shall file with the city clerk a written and verified
application in the form prescribed. The application shall be accompanied by one
of the following:
(1)
A certificate that there is in effect for the period covered by the
license an insurance policy or pool providing the following minimum coverages:
a.
Fifty thousand dollars because of bodily injury to any one person in any
one occurrence and, subject to the limit for one person, in the amount of
$100,000.00 because of bodily injury to two or more persons in any one
occurrence, and in the amount of $10,000.00 because of injury to or destruction
of property of others in any one occurrence.
b.
Fifty thousand dollars for loss of means of support of any one person in
any one occurrence and, subject to the limit for one person, $100,000.00 for
loss of means of support of two or more persons in any one occurrence.
(2)
A bond of a surety company with minimum coverages in subsection (b)(1) of
this section.
(3)
A certificate of a state treasurer that the licensee has deposited with
him $100,000.00 in cash or securities which may legally be purchased by savings
banks or for trust funds having a market value of $100,000.00.
The
liability insurance shall specifically provide for the payment by the insurance
company on behalf of the insured all sums which the insured shall become
obligated to pay because of liability imposed upon him by law for injuries or
damage to persons, other than employees, including the liability imposed upon
the insured by M.S.A. § 340A.801. Such liability insurance policy shall further
provide that no cancellation of the policy for any cause can be made either by
the insured or the insurance company without first giving ten days' notice to
the city in writing of the intention to cancel the policy, addressed to the city
clerk. All bonds and policies shall be approved by the city attorney.
(c)
Eligible facilities. Special Sunday on-sale licenses may be issued
to hotels, restaurants and clubs as defined in M.S.A. § 340A.101 and that have
appropriate dining facilities for seating not less than 125 guests at one time.
(d)
Hours of operation. Establishments to which special Sunday on-sale
licenses have been issued may serve intoxicating liquors between the hours of
12:00 noon on Sunday and 1:00 a.m. on Monday in conjunction with the serving of
food.
(e)
Compliance with other provisions. The special Sunday on-sale
license shall be subject to all the relevant terms and provisions of this Code
related to the sale of intoxicating liquor.
(Code
1980, §§ 5.60, 5.61)
No
sale of liquor shall be made after 1:00 a.m. on Sunday or until 8:00 a.m. on
Monday. No "on-sale" shall be made between the hours of 1:00 a.m. and
8:00 a.m. on any weekday. No "on-sale" shall be made after 8:00 p.m.
on December 24. No "off-sale" shall be made before 8:00 a.m. or after
8:00 p.m. Monday through Thursday, or after 10:00 p.m. Friday and Saturday. No
"off-sale" shall be made on New Year's Day, January 1; Independence
Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but the evenings
preceding such days, if the sale of liquor is not otherwise prohibited on such
evenings, may be made until 10:00 p.m., except that no "off-sale"
shall be made on December 24 after 8:00 p.m.
(Code
1980, § 5.53)
(a)
Permit required. No business establishment or club which does not
hold an on-sale intoxicating liquor license may directly or indirectly allow the
consumption and display of intoxicating liquor or knowingly serve any liquid for
the purpose of mixing with intoxicating liquor without first having obtained a
permit in accordance with state law.
(b)
Eligibility for permit approval.
(1)
The city shall approve permits issued by the commissioner of public
safety to:
a.
An applicant who has not, within five years prior to the application,
been convicted of a felony or of violating any section of this chapter or rule
adopted under this chapter;
b.
A restaurant;
c.
A hotel;
d.
An establishment licensed for the sale of 3.2 percent malt liquor;
e.
A resort as defined in M.S.A. § 157.01; and
f.
A club, as defined in M.S.A. § 340A.101, or an unincorporated club
otherwise meeting that definition.
(2)
A club holding an on-sale intoxicating liquor license shall not be
eligible for a permit.
(c)
Authorization of permit. A permit approved under this section
authorizes the establishment to permit the consumption and display of
intoxicating liquor on the premises. The permit does not authorize the sale of
intoxicating liquor.
(d)
Permit expiration. All permits approved under this section expire
on June 30 of each year.
(e)
Permit approval by city required. A permit for consumption and
display issued by the commissioner of public safety is not effective until
approved by the city council.
(f)
Inspection. An establishment holding a permit under this section
is open for inspection by peace officers who may enter and inspect the
establishment during reasonable hours. Intoxicating liquor sold, served or
displayed in violation of law may be seized and may be disposed of in accordance
with state law.
(g)
Lockers. A club holding a permit approved under this section may
allow members to bring and keep personal supplies of intoxicating liquor in
lockers on the club's premises. Every bottle kept on the premises must have
attached a label signed by the member. No person under 21 years of age may keep
a supply of intoxicating liquor on the club premises.
(h)
One-day city permits. The city council may issue a one-day permit
for the consumption and display of intoxicating liquor under this section to a
nonprofit organization in conjunction with a social activity in the city
sponsored by the organization. The permit must be approved by the commissioner
and is valid only for the day indicated on the permit. The city shall not issue
more than ten permits under this section in any one year.
(i)
Hours. No establishment approved under this section shall permit a
person to consume or display intoxicating liquor or 3.2 percent malt liquor, and
no person shall consume or display intoxicating liquor or 3.2 percent malt
liquor between 1:00 a.m. and 12:00 noon on Sundays and between 1:00 a.m. and
8:00 a.m. on Monday through Saturday.
(Code
1980, § 5.70)
Pursuant
to
(Ord.
No. 66, 3d, § 1, 7-14-03)
Pursuant
to
(Ord.
No. 66, 3d, § 2, 7-14-03)
Secs.
6-113--6-135. Reserved.
It
is unlawful for any person to sell or keep or offer for sale any wine without a
license from the city. This section shall not apply to the following:
(1)
Possession or handling for sale or otherwise of sacramental wine for any
representative of any religious order or for use in connection with a legitimate
religious ceremony;
(2)
Sales by manufacturers to wholesalers duly licensed as such by the state;
(3)
Sales by wholesalers to persons holding on-sale or off-sale liquor
licenses from the city; or
(4)
Sales by wholesalers to persons holding on-sale wine licenses from the
city.
(Code
1980, § 5.80)
(a)
Prior to the issuance of any wine license, the applicant shall file with
the city clerk a written and verified application in the form prescribed. An
on-sale application shall be accompanied by one of the following:
(1)
A certificate that there is in effect for the period covered by the
license an insurance policy or pool providing the following minimum coverages:
a.
Fifty thousand dollars because of bodily injury to any one person in any
one occurrence and, subject to the limit for one person, in the amount of
$100,000.00 because of bodily injury to two or more persons in any one
occurrence, and in the amount of $10,000.00 because of injury to or destruction
of property of others in any one occurrence.
b.
Fifty thousand dollars for loss of means of support of any one person in
any one occurrence and, subject to the limit for one person, $100,000.00 for
loss of means of support of two or more persons in any one occurrence.
(2)
A bond of a surety company with minimum coverages as provided in
subsection (a)(1) of this section.
(3)
A certificate of a state treasurer that the licensee has deposited with
him $100,000.00 in cash or securities which may legally be purchased by savings
banks or for trust funds having a market value of $100,000.00.
This
subsection does not apply to licensees who by affidavit establish that they are
holders of on-sale wine licenses with sales of less than $10,000.00 of wine for
the preceding year.
The
liability insurance shall specifically provide for the payment by the insurance
company on behalf of the insured of all sums which the insured shall become
obligated to pay because of liability imposed upon him by law for injuries or
damage to persons, other than employees, including the liability imposed upon
the insured by M.S.A. § 340A.801. Such liability insurance policy shall further
provide that no cancellation of the policy for any cause can be made either by
the insured or the insurance company without first giving ten days' notice to
the city in writing of the intention to cancel the policy, addressed to the city
clerk. All bonds and policies shall be approved by the city attorney.
(b)
No license shall be granted to a wholesaler or manufacturer of wine or to
anyone holding a financial interest in such manufacture or wholesaling.
(c)
No gambling or gambling device shall be permitted on any licensed
premises, except as are licensed by the state.
(d)
No person under the age of 18 years shall be employed upon premises or in
any rooms constituting the premises, except that a person under the age of 18
years may be employed as a musician or to perform the duties of a busboy or for
dishwashing services in a place defined as a restaurant.
(e)
No licensee shall display wine to the public on days or during hours when
the sale of wine is prohibited.
(f)
No license shall be granted for any building within 300 feet of any
public elementary or secondary school structure or within 100 feet of any church
structure.
(g)
No more than one license shall be held by any person. For the purpose of
this subsection, any person owning a beneficial interest of five percent or more
of any licensed establishment shall be considered a licensee.
(h)
On-sale wine licenses shall be granted only to restaurants as defined in
this chapter. However, for purposes of this section, such restaurant shall have
appropriate facilities for seating not less than 30 guests at one time.
(i)
Every license shall be granted subject to the provisions of this chapter
and all other applicable provisions of this Code and other laws relating to the
operation of the licensed business.
(j)
The holder of an on-sale wine license issued pursuant to this chapter who
is also licensed to sell beer at on-sale pursuant to M.S.A. § 340A.411 and
whose gross receipts are at least 60 percent attributable to the sale of food is
authorized to sell intoxicating beer at on-sale without receiving an additional
license and without paying an additional fee.
(Code
1980, § 5.81; Ord. No. 454, 2d, § 1, 4-14-97)
No
sale of wine shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any
weekday, Monday through Saturday, inclusive. No wine sale shall be made on any
Sunday between the hours of 1:00 a.m. and 12:00 noon.
(Code
1980, § 5.82)
Secs.
6-139--6-165. Reserved.
The
following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Cabaret
means any on-sale licensee under this article who permits dancing by patrons on
licensed premises.
Club
licensee, licensed club, and club licensed refer to a club defined in this chapter to which the city has
issued an on-sale beer or liquor club license.
Guest
means a person not a member of the club licensee but present on the club
licensed premises in the company of a host member.
Host
member means a member who
is entertaining a guest who is in the member's comply at all times such guest is
on the licensed premises.
Member
means any person in good standing according to rules and regulations of the
licensed club, wherever located, having evidence of current membership upon his
person.
(Code
1980, §§ 5.90, subd. 1, 5.91, subd. 1)
Cross
references: Definitions
generally, § 1-2.
(a)
It is unlawful for any person to operate a cabaret without a license from
the city.
(b)
No cabaret license is required of a public dance or a public dancing
place, as those terms are defined in article IV of chapter 10.
(Code
1980, § 5.90, subds. 2, 3)
(a)
Prior to the issuance of any club on-sale license required under this
division, the applicant shall file with the city clerk a written and verified
application in the form prescribed. A club on-sale application shall be
accompanied by one of the following:
(1)
A certificate that there is in effect for the period covered by the
license an insurance policy or pool providing the following minimum coverages:
a.
Fifty thousand dollars because of bodily injury to any one person in any
one occurrence and, subject to the limit for one person, in the amount of
$100,000.00 because of bodily injury to two or more persons in any one
occurrence, and in the amount of $10,000.00 because of injury to or destruction
of property of others in any one occurrence.
b.
Fifty thousand dollars for loss of means of support of any one person in
any one occurrence and, subject to the limit for one person, $100,000.00 for
loss of means of support of two or more persons in any one occurrence.
(2)
A bond of a surety company with minimum coverages as provided in
subsection (a)(1) of this section.
(3)
A certificate of a state treasurer that the licensee has deposited with
him $100,000.00 in cash or securities which may legally be purchased by savings
banks or for trust funds having a market value of $100,000.00.
(b)
The liability insurance shall specifically provide for the payment by the
insurance company on behalf of the insured of all sums which the insured shall
become obligated to pay because of liability imposed upon him by law for
injuries or damage to persons, other than employees, including the liability
imposed upon the insured by M.S.A. § 340A.801. Such liability insurance policy
shall further provide that no cancellation of the policy for any cause can be
made either by the insured or the insurance company without first giving ten
days' notice to the city in writing of the intention to cancel the policy,
addressed to the city clerk. All bonds and policies shall be approved by the
city attorney.
(Code
1980, § 5.91, subd. 4)
Under
this division, if the applicant's dance floor area exceeds 2,000 square feet, no
cabaret license shall be issued, but the premises shall, by definition, be a
public dancing place.
(Code
1980, § 5.90, subd. 4(B))
It
is unlawful for a licensee to make a charge, either directly or indirectly, to
its patrons for dancing, and all charges for services to or beverages or food
purchased by patrons shall be uniform at all times, whether or not dancing is
available.
(Code
1980, § 5.90, subd. 4(A))
In
addition to all other general provisions, restrictions and regulations set forth
in this chapter relating to beer or liquor licensees, as the case may be, all
persons issued a club license under this division shall keep a daily register
showing the names of guests present and the name of the host member. Such
register shall be open to inspection by police officers at all times.
(Code
1980, § 5.91, subd. 2)
For
the purpose of this division, the following are in addition to all other
unlawful acts set forth in this chapter relating to sales and purchases of beer
and liquor, as the case may be:
(1)
It is unlawful for a club licensee to sell liquor or beer to any person
not a member of the licensed club.
(2)
It is unlawful for any club licensee to serve beer or liquor to any
nonmember of the licensed club unless such nonmember is a guest.
(3)
It is unlawful for any person who is not a member of the licensed club to
purchase liquor or beer from the club.
(4)
It is unlawful for any club licensee to hinder or prevent a police
officer from determining compliance with this division and this chapter and all
other laws.
(5)
It is unlawful for any person to refuse, upon request of a licensee or
police officer, to provide information as to whether such person is a member,
guest or host member or to give false, fraudulent or misleading information in
response to such request.
(Code
1980, § 5.91, subd. 3)
__________
*Cross
references: Businesses,
ch. 22; parks and recreation, ch. 42.
State
law references: Authority
to regulate and license amusements, M.S.A. § 412.221, subd. 25.
__________
Secs.
10-1--10-25. Reserved.
It
is unlawful for any person to keep or maintain any pool, billiard, snooker or
other game table or any bowling alley or bowling lane available for public use
without first having obtained a license from the city.
(Code
1980, § 6.32, subd. 1)
Under
this article, it is unlawful for any pool, billiard, snooker or other game table
licensee to:
(1)
Be open between 1:00 a.m. and 8:00 a.m. of any weekday, or between 1:00
a.m. and 12:00 noon on any Sunday and permit use of such licensed facilities.
(2)
Permit any form of gambling on the premises except as licensed by the
city.
(3)
Permit any person to become disorderly, as defined in M.S.A. § 609.72.
(4)
Not having an on-sale liquor license, sell or possess or knowingly allow
any person on the licensed premises to sell or possess intoxicating liquor.
(Code
1980, § 6.32, subd. 2)
Secs.
10-28--10-55. Reserved.
__________
*State
law references: Bingo,
M.S.A. § 349.11 et seq.
__________
All
bingo games played in the city shall adhere to the requirements and conditions
of M.S.A. § 349.11 et seq.
(Code
1980, § 6.42)
Secs.
10-57--10-85. Reserved.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Public
dance means any dance
wherein the public may participate by payment, directly or indirectly, of an
admission fee or price for dancing, which fee may be in the form of a payment of
money, directly or indirectly.
Public
dancing place means any
room, place or space open to public patronage in which dancing, wherein the
public may participate, is carried on and to which admission may be gained by
the public by payment, directly or indirectly, of an admission fee or price for
dancing.
(Code
1980, § 6.33, subd. 1)
Cross
references: Definitions
generally, § 1-2.
At
least one officer of the law shall be designated by the chief of police and
employed by the city to be present at every public dance during the entire time
the dance is being held. For purposes of this section, the term "officer of
the law" means any person who is a full-time peace officer, part-time peace
officer, or person deputized by the chief of police. In the discretion of the
council or chief of police more than one such police officer may be required.
(Code
1980, § 6.33, subd. 3(F))
(a)
Disorderly conduct prohibited. It is unlawful for any person at a
public dance or for a licensee to permit any person to commit disorderly conduct
as defined in M.S.A. § 609.72.
(b)
Certain persons prohibited. No licensee shall permit any
intoxicated person or other person who persists in violating the law to be or
remain in a public dancing place.
(c)
Hours of dancing. No public dance shall be held on Sunday between
the hours of 1:00 a.m. and 12:00 noon. No public dance shall be held on any day
between the hours of 1:00 a.m. and 6:00 a.m.
(Code
1980, § 6.33, subd. 4)
Secs.
10-89--10-115. Reserved.
It
is unlawful for any person to operate a public dancing place or hold a public
dance without a license from the city.
(Code
1980, § 6.33, subd. 2)
(a)
A verified application for a dance license shall be filed with the city
and shall specify the names and addresses of the person, committee or
organization that is to hold the dance, the time and place thereof, and the area
of the dance floor.
(b)
All applications shall be accompanied by affidavits of two residents
showing that the applicant is of good character and reputation in the community
in which he lives and that he has not been convicted of a felony, gross
misdemeanor or violation of any public dance laws within the past five years. No
license shall be issued to any person who has been so convicted.
(c)
No license shall be granted by the council for any place having so-called
private apartments or private rooms furnished or used for any purposes other
than a legitimate business purpose which adjoins such dancing place or which may
be reached by stairs, elevators or passageways leading from such dancing place.
No license shall be granted for any place which is not properly ventilated and
equipped with necessary toilets, washrooms or lighting facilities.
(d)
Applications may be referred by the city clerk to the chief of police for
investigation and report prior to being acted upon by the council.
(e)
No license shall be issued to any applicant under the age of 18 years.
(f)
The council shall act upon all dance license applications at a regular or
special meeting thereof.
(Code
1980, § 6.33, subd. 3(A)--(E), (H))
Applications
to conduct public dances as a business or as an incident to a restaurant,
dancehall or other business, except as a dancing school, shall be made on forms
provided by the city clerk, shall be filed in the office of the city clerk,
accompanied by an annual fee to be set by the city council, and shall be subject
to all of the requirements set forth in this article, except for section 10-87
in that no officer of the law need be present.
(Code
1980, § 6.33, subd. 5)
The
dance license shall be posted in the public dancing place and shall state the
name of the licensee, the amount paid therefor, and the time and place licensed.
The license shall also state that the licensee is responsible for the manner of
conducting the dance.
(Code
1980, § 6.33, subd. 3(G))
Secs.
10-120--10-145. Reserved.
__________
*State
law references: Authority
to regulate gambling, M.S.A. § 349.213.
__________
All
gambling in the city shall be conducted in accordance with M.S.A. § 349.11 et
seq.
(Code
1980, § 6.43)
Secs.
10-147--10-175. Reserved.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Coin
amusement means any
machine which, upon the insertion of a coin, token or slug, operates or may be
operated and is available to the public generally for entertainment or
amusement, which machine emits music or noise.
Game
of skill means any device,
excepting pool and billiard tables, bowling alleys and shooting lanes, but
including miniatures thereof, played by manipulating special equipment and
propelling balls or other projectiles across a board or field into respective
positions whereby a score is established, the object of which is to secure a
special number or a high or low total score or any other method used to indicate
a winner, which is available to be played by the public generally at a price
paid either directly or indirectly for such privilege, whether a prize is
offered for the game or not. It shall include video-type games or machines or
similar devices that use a display screen for points, lines and dots of light
that can be manipulated to simulate games or other types of entertainment.
Mechanical
amusement device includes
both games of skill and coin amusement, as defined in this section.
Operator
means a person operating an establishment in which a mechanical amusement device
is located.
Owner
means a person engaged in the business of selling, servicing, placing or leasing
mechanical amusement devices on premises of more than one operator.
(Code
1980, § 6.30, subd. 1)
Cross
references: Definitions
generally, § 1-2.
It
is unlawful for any owner or operator to keep or maintain a mechanical amusement
device for use by the public without a license from the city. It is also
unlawful for any person to operate an arcade amusement center without a license
from the city. No permit is required for an individual to own, maintain or offer
for use to the public any coin-operated pleasure or amusement machine designed
exclusively for use by children under the age of ten years, such as
coin-operated riding machines and other related coin-operated machines.
(Code
1980, § 6.30, subd. 2)
Before
any arcade amusement center license shall be issued, inspection of the premises
shall be made by the city inspection division, the fire marshal, and such other
city departments or agencies as may be deemed necessary to determine whether the
applicant and the premises fully comply with all pertinent ordinances and
regulations.
(Code
1980, § 6.30, subd. 5)
Under
this article, it is unlawful for any person to:
(1)
Sell or maintain a machine or device which is for gambling or contains an
automatic payoff device.
(2)
Give any prize, award, merchandise, gift, or thing of value to any person
on account of operation of such device.
(3)
Sell or maintain or permit to be operated in his place of business any
mechanical amusement device equipped with an automatic payoff device.
(4)
Equip any mechanical amusement device with an automatic payoff device.
(5)
Permit the playing of coin amusement machines within 600 feet of any
church, public or parochial school or playground.
(Code
1980, § 6.30, subd. 3)