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1988-611 .' 0- ORDINANCE NO. 88-611 An Ordinance relating to Intoxicating Liquor; deleting Subsection 1200.23, Subd. 8 of the Code. THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN: 1200.23. Conditions of license. Subdivision 1. General rule. Licenses granted under this section shall be granted subject to the following conditions of this subsection, and subject to all other ordinances of the city applicable thereto and to all regulations promulgated by the commissioner applicable thereto. Subd. 2. Persons ineligible. No intoxicating liquor shall be sold, furnished or delivered for any purpose to persons under the age of 21 years or to any person obviously intoxicated or to any of the persons to whom sale is prohibited by statute and no license shall be granted to any person under the age of 21 years. Subd. 3. Conduct. Every licensee shall be responsible for the conduct of his licensed place of business and for conditions of sobriety and order therein. No licensee shall keep, possess, or operate, or permit the keeping, possession, or operation of, on the licensed premises, or in any room adjoining the licensed premises, any slot machine, dice, or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control to be used as a result for prostitutes or other disorderly persons. Subd. 4. Sales prohibited. No intoxicating wine, liquor or malt beverage shall be sold or furnished for any purpose whatever to a person under the age of 21 years, or to a habitual drunkard, or to a person under guardianship, or to any person obviously intoxicated, or to any of the persons to whom sale is prohibited by statute. No license shall be granted to any person under 21 years of age. 0- Subd. 5. Character. A license may not be issued to a person not a citizen of the United States and a licensee shall be of good moral character and repute. A license may not be issued to any person who shall hereafter be convicted of any willful violation of any law of the United States or the State of Minnesota or of any local ordinance with regard to the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, nor to any person whose license under this section shall be revoked for any willful violation of any such laws or ordinances. ,- . o 0- Subd. 6. Manufacturers. No license shall be granted to any manufacturer or distiller of intoxicating liquor, nor to anyone interested in the ownership or operation of any such place, nor to a person operating a licensed place owned by a manufacturer, distiller, or exclusive wholesale distributing agent unless such interest was acquired at least six months prior to January 1, 1934, and no equipment or fixture in any licensed place shall be owned in whole or in part by any such manufacturer or distiller. Subd. 7. One license. No more than one license of either class shall be granted to one person or to one management, except in the case of exclusive liquor stores. Stl6d.--8.--B'ftp6:i:d--~6xes.~-No-l:i:eeftse-shaii-6e~g~6ftt;ed-fo~ opera~:i:oft--oft--afty-premfses-upon-whfeh-taxes-or-assessments-or- o~her-f:i:ftafte:i:al-eiafms~of-the~efty-are-deifngt1ent-and-t1npaid~ Subd.--9. Subd. 8. Inspections. Premises where any license hereunder is granted shall be open to inspection by any police officer or other properly designated officer or employee of the city at any time during which the place so licensed shall be open to the public for business. Stl6d.---18.-- Subd. 9. Other prohibited sales. No intoxicating liquor shall be procured for, or sold or furnished for any purpose whatever, to a spendthrift or improvident person or to an habitual drunkard or to any person who is or is likely to become a public charge, or to any person who, by reason of intoxication, becomes disorderly or commits any crime, for one year after written notice forbidding sale of such intoxicating liquor to such person, which notice may be made and served or caused to be served upon any or all licensees hereunder by councilor by any parent, guardian, wife or husband, son or daughter of such person. The notice and the effects thereof may be revoked at any time prior to the one year herein provided by the person or authority responsible for its preparation and service or by a court of competent jurisdiction by proper order; except that this provision shall not apply to a licensed pharmacist selling or furnishing intoxicating liquor pursuant to a proper medical prescription therefor. Whoever shall in any way procure intoxicating liquor for the use of any such person to whom such liquor is forbidden shall be deemed to have sold to such person. SHea.~~-11. Subd. 10. Additional conditions of intoxicating liquor licenses and the operation of licensed premises. The following acts or conduct on licensed premises deemed and decreed to be contrary to public welfare and morals and, therefore, no on sale liquor license shall be operated, maintained or allowed at, in or on any premises .. ( 0_ o c. where such acts or conduct are permitted or tolerated. No licensee shall employ, permit or encourage any person or employee in or on any such licensed premises in or under any of the following circumstances. a) while such such attire, portion of aerola, or cleft of the employee or person is unclothed or in costume or clothing as to expose any the female breast below the top of the any portion of the public hair, anus buttocks, vulva or genitals; or b) while such employee or person encourages or permits the wear or use of any device or covering exposed to view which resembles or simulates the breast, genitals, anus or other portion of the body above mentioned; or c) While such employee or person permits or encourages any person to perform or simulate the performance of sexual intercourse, sodomy, oral copulation, flagelation, masturbation/bestiality or other acts prohibited by law; or d) while such employee or person encourages or permits any person to use artificial devices or inanimate objects to depict any of the prohibited activities herein described; or e) while such employee or person encourages or permits any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person; or f) while such employee or person encourages or permits any of the behavior, conditions or acts hereinabove set forth by any other person or persons. Whenever the term "person" is used in this section, it is intended to mean and shall include but not be limited to, any host, hostess, other employer or employee, customer or spectator and all provisions of this section shall apply equally tO,both sexes. Adopted this ~ day of April , 1988. Approved this 19th day of April , 1988. ?2?ftUd rr}j~-I ~ Mayor IY' [ ,~.,'~, ''''''"'''''' Attest: ."~ .~. /~;1/, "'.."? '/ t''./( . (7 ,J." . . .' ..~" ,<;ity Clerk ~:,~~.~,.""