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5.70 - Liquor and On-Sale Wine License Restriction, Regulations, and Unlawful Acts 95.70 Section 5.70: Liquor and On-Sale Wine License Restrictions, Regulations, and Unlawful Acts Subdivision 1. Limitations on Issuance of Licenses to One Person or Place A. No off-sale liquor license may be issued to anyone (1) person for more than one place in the City. Any person holding an interest in two (2) or more such licenses in the City shall be deemed to hold more than one (1) license. B. For the purpose of this Subdivision, the term "interest": 1) includes any pecuniary interest in the ownership, operation, management, or profits of a retail liquor establishment, and a person who receives money from time to time directly or indirectly from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary interest in the retail business; and, 2) does not include loans; rental agreements; open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures, supplies to the establishment; an interest in a corporation owning or operating a hotel but having at least one hundred fifty (150) or more rental units holding a liquor license in conjunction therewith; or ten percent (10%) or less interest in any other corporation holding a license. C. In determining whether an "interest" exists, the transaction must have been bona fide and the reasonable value of the goods and things received as consideration for a payment by the licensee and all other facts reasonably tending to prove or disprove the existence of a purposeful scheme or arrangement to evade the restrictions of this Subdivision must be considered. Source: Ordinance No. 46, 2nd Series Effective Date: 10-25-90 Subdivision 2. Licenses in Connection With Premises of Another A liquor license may not be issued to a person in connection with the premises of another to whom a license could not be issued under the provisions of this Chapter. This Subdivision does not prevent the granting of a license to a proper lessee because the person has leased the premises of a person under twenty-one (21) years of age, a non-citizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of this Chapter. Source: Ordinance No. 180, 2nd Series Effective Date: 6-11-98 Golden Valley City Code Page 1 of 3 95.70 Subdivision 3. Off-Sale Licenses Where Non-intoxicating Malt Liquor is Sold An off-sale liquor license may not be issued to a place where non-intoxicating malt liquor is sold for consumption on the premises. Source: Ordinance No. 55, 2nd Series Effective Date: 1-17-91 Subdivision 4. Employment of Persons Under 21 Years of Age No person under eighteen (18) years of age may be employed in a place where liquor is sold for consumption on the premises, except persons under eighteen (18) years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a restaurant or hotel where only wine or non-intoxicating malt liquor is sold, provided that the person under the age of eighteen (18) may not serve or sell any wine, beer or non-intoxicating malt liquor. Source: Ordinance No. 180, 2nd Series Effective Date: 6-11-98 Subdivision 5 On-sale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than twenty-five (25) guests at one time. Subdivision 6 It is lawful for an off-sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off-sale in a quantity less than fifty (50) milliliters of wine per variety per customer and twenty-five (25) milliliters of liqueur or cordial per variety per customer. Subdivision 7. Drug Stores No liquor license may be issued to a person operating a drug store unless the person has operated it for at least two (2) years or has purchased a drug store that has been in continuous operation for two (2) or more years. Subdivision 8 No license shall be granted for any building within three hundred (300) feet of any elementary or secondary school structure or within one hundred (100) feet of any church structure. Source: Ordinance No. 46, 2nd Series Effective Date: 10-25-90 Golden Valley City Code Page 2 of 3 9 5.70 Subdivision 9 The same business name shall not be used by more than one of the City's off sale liquor licenses. Source: Ordinance No. 121, 2nd Series Effective Date: 12-15-94 Golden Valley City Code Page 3 of 3