The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1933-04-07
The council Of the City of Ely d

The council Of the City of Ely do
Ordain:
Section l. Definition of Terms.
(a) AS used in this ordinance, the
term person" shall mean and include
a natural person of either sex. persons
o-partnerships, corporations and as
sociations of persons; and shall include
the agent or manager of any of the
aforesaid. The singular number shall
include the plural, and the masculine
pronoun shall include the feminine and
neuter.
CD Misunderstanding malt liquor
shall mean any potable malt beverage
with an alcoholic content of more than
one-haf of one per cent by volume and
not more than three and two-tenths per
cent by weight.
(c) A bona fide club" as used here
in shall be any club organized for social
or business purposes. or for intellectual
sports, where the serving of such liquors
is incidental to and not the major pur-
pose of the club.
I'D Original package" as used here
in shall mean the bottle or sealed con-
tainer in which the liquor is placed at
the place of manufacture.
(e) Cafe" or restaurant" as used
in this ordinance shall mean any place
where preparing and serving lunches
or meals ito the public to be consumed
on the premises constitutes the major
business thereof.
Section 2. License Required. Nc
person shall sell, vend, deal in or dis
pose of, by gift, sale or otherwise, OF
keep or offer for sale, any non-intoxica-
ting malt liquor within this city without
first having received license therefor
as hereinafter provided. Licenses shall
be of two kinds: "On Sale" and "Oh
Sale"
ION Sale" licenses shall be granted
only to drug stores, cafes, restaurants
and hotels where food is prepared and
served for consumption on the premises
and in bona fide clubs, and shall permit
the sale of such liquor for consumption
on the premises only.
.."Of Sale" licenses shall be granted
to permit the sale at retail and whole
sale of such liquor in the original
packages for removal from and con-
sumption off the premises only.
Section 3. Applications for License
All applications for any license to sell
mountaineering malt liquor shall be
made on forms to be supplied by the
city setting forth the name of the
person asking for such license, his age
representations as to his character with
such references as may be required, his
citizenship, the location where such
business is to be carried on, whether
such application is for ION sales" on
"off sales" the business in connection
with which the proposed license will
operate, whether applicant is owner and
operator of such business, the time such
applicant has been in that business at
that place, and such other information
as the governing body may require
from time to time. It shall be unlawful
to make any false statement in an
application.
Section 4. Fees. All applications for
licenses shall be accompanied by a
receipt from the city treasurer for the
required annual fee for the respective
license. All such fees shall be paid
into the general fund of the munici-
pality. Upon rejection of any apphca-
ton for license, the treasurer shall
refund the amount paid.
The annual fee for "On Sale" license
shall be twenty-five dollars ($2500).
The annual fee for an. "Of Sale
license shall be five dollars ($5.00).
All licenses shall expire on the last
day of March, in each year; provided
that if eight months of any licensing
year have elapsed when the application
is made, the fee shall be reduced to
one-half of the regular amount thereof
Section S. Granting of Licenses
The city council shall cause an inveSti-
CATION to be made of all facts set forth
in the application. After such investi-
CATION the city council shall grant OF
refuse any such application in its dis
erection. All licensed premises shall
have the license therefor posted in q
conspicuous place at all times.
Section 6. Conditions of Licenses,
All licenses granted hereunder shall be
granted subject to the following con-
ditions, and all other conditions of this
ordinance, and subject to all other
ordinances of the city applicable thereto
No license shall be granted to any
person under twenty-one years Of age.
No license shall be granted to any
person who has been convicted Of a
felony or of violating the national pro-
hibition act or any law of this state OF
local ordinance relating to manufacture
or transportation of Intoxicating liquors
No license shall give permission to sell
non-intoxicating malt liquor in any
theater, recreation hall or center, dance
hall, ball park or other place of public
gathering for the purpose of entertain
ment, amusement or playing Of games
and no such liquor shall be consumed
there.
No license shall be granted for sale
on any premises where a ncensee has
been convicted of the violation of this
ordinance or where any license here
under has been revoked for cause for
at least one year after the said con-
viction or revocation.
No sale of any Notwithstanding malt
liquor shall be made to any person
under guardianship, nor to any person
under twenty-one years of age.
All premises where any license here
under is granted shall be open to in
spection by any police officer or health
officer or other properly designated
officer or employe of the city at any
time during which the place SO licensed