The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1934-02-16

facture, import, sell, exchange, barter,
dispose Of or keep for sale, any in
toxicating liquor, without first having
obtained license therefor as hereunder
provided. Licenses shall be of two
kinds ION sale" and "off SALE"
"On sale" license shall be granted
only to exclusive liquor stores, hotels
and clubs, and shall permit the con-
sumption of liquor on the premises only.
Not more than two such licenses shall
be granted at any one time.
"Of sale" licenses shall be granted
to permit the sale of liquor at retail or
wholesale in the original package for
consumption off the premises only.
Such licenses may be granted only to
exclusive liquor stores.
Section 3. Application for License.
Every person desiring license for
either ION" or "off" sales shall file a
verified application therefor in writing
with the clerk of the municipality in the
form to be prescribed by the commits
sioner and with such additional inform
alton as the council of the municipality
may require. A surety bond shall ac-
company each application for license
In the case of an application for an
ION sale" license, the application shall
be accompanied by a corporate surety
bond in the sum of $1,000 to be ap-
proved as to legal form by the attorney
for the village, and as to Sufficiency by
the council; or in lieu of such bond
cash or bonds of the United States OF
a market value of $1,000 may be posted
In the case of an application for ar
''of sale" license a similar surety bond
or cash or United States bond equiv
alent shall be required, but the amount
of such bond shall be $1,000 and shall
be approved by the commissioner. AL
such bonds shall be conditioned as
follows:
I; (a) That the licensee will obey the
law relating to such licensed business
(b) That the hcensee will pay to
the municipality when due all taxes
license fees, penalties and other charges
provided by law.
| (c) That in the event of any viola.
ton of the provisions of any law re-
lating to the retail "off sale" and retail
ION sale" of intoxicating liquor, such
bond shall be forfeited to the munich.
pality in which such license was issued
I'D That the licensee will pay to the
extent of the principal amount of such
bond any damages for the death o.
Injury caused by or resulting from the
violation of any provisions of law re.
lating thereto, and in such cases re-
covery under this subdivision I'D may
be had from the surety on his bond
The amount specified in such bond i.
declared to be penalty, the amount
recoverable to be measured by the &C.
tual damages; provided, however, that
in no case shall such surety be liable
for any amount in excess for the pena
amount of the bond.
1t shall be unlawful to make any
false statement in an application.
Section 4. Fees. All applications fol
licenses shall be accompanied by 9
receipt from the village treasurer fo1
the required annual fee for the respec-
tive license. All such fees shall be paio
into the general fund of the village
Upon rejection of any application TO,
a license, the treasurer shall refund the
amount paid and the bond of said ap-
plicant shall be returned to him.
The annual fee for an ION sale
license shall be 5000. (Optional)
The annual fee for an "off sale
license shall be 500.
| All licenses shall expire on the 18th
day of February in each year. Fo,
licenses issued hereunder prior to the
18th of February 1884, the fee shall bt
pro rata share Of the annual license
fee.
Section S. Granting of Licenses
The village council shall cause an in.
vestigation to he made of all the repre-
sensations set forth in the application
Opportunity shall be given at regular
or special meeting Of the council to any
person to be heard for or against the
granting of any license. After such
investigation and approval of the re-
quired bond, the village council shall
grant or refuse such license in its dis
erection; provided that no "off sale
license shall become effective until it
together with the bond, has the ap-
prevail of the Liquor Control Commits
sioner. All licensed premises shall have
the license posted in a conspicuou:
place therein at all times. No license
shall be transferable either as Il
licenSee or premises without the ap.
proval of the council and also the
Liquor Control Commissioner in the
case of "off sale" licenses.
Section 6. Conditions of License
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 or
dinances of the village applicable there
to and to all regulations promulgated
by the Liquor Control Commissioner
applicable thereto:
Every hcensee shall be responsible
for the conduct of his place of business
and the conditions of sobriety and order
II 4. TO-. IL, -.