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12-16-1940 VCM Special VILLAGE OF ELK RIVER COUNCIL MEETING December 16, 1940 A meeting of the Council was held Dec 16, 1940 Members present: M.C. Tesch, Pres; Geo Cornelius, Frank Nickerson, and G.A. Bailey, Trustees; Wm H Greupner, Clerk The following relief clients were taken care of – Joe Parker asked for a $8.00 relief order to pay Mrs. J. Trask for care of his wife for four days. A motion was made by Frank Nickerson, seconded by Geo Cornelius to allow this order. A motion was made by G.A. Bailey seconded by Wm H Greupner to allow Jerrold Sykes $8.00 for stst rent from Dec 1 to Jan 1. A motion by G.A. Bailey seconded by Geo Cornelius to allow Lyle Briggs the following rent - $9.50 – Dec 1 to Jan 1 – Groc. 10.00 Milk 2.00 Harry and Wesley Anderson were present and Wesley stated that he was planning on taking a course in Radio work in Minneapolis and had a chance to ride with someone forth and back which would cost him $.50 a day and he wanted to know if the Council would pay this for him. After discussing the matter a motion was made by Geo Cornelius seconded by Frank Nickerson that the Village pay half of the fare and Mr. Anderson the rest. A motion was made by Wm H Greupner seconded by G.A. Bailey to pay $5.50 for a Doctors examination of Mrs. Wm Blocker. The resignation of Geo Cornelius as Trustee for three years was read and a motion was made by Frank Nickerson and seconded by G.A. Bailey to accept same and the clerk send Mr. Cornelius a letter of appreciation for the many years of service. Shorty Christian was present and said that he would rent the coach to the Village for a liquor store for $30.00 a month. It was decided to look over the coach the next day and see if it would be the proper place for a liquor store. The following ordinance was read. Section one – Dispensary established A municipal liquor dispensary is hereby established to be operated within this municipality for the sale of liquor potable as a beverage and containing more than 3.2 per cent of alcohol by weight, in the sealed or closed receptacle or container for removal from premises. No person shall sell barter or otherwise dispose of intoxicating liquor nor shall sale be made by anyone outside of said dispensary or by any9one not employed in and by said dispensary. It shall be unlawful for any person or persons to mix or prepare for consumption in any public place of business or to consume liquor in such places outside of the dispensary. No liquor shall be sold or consumed on a public highway or in an automobile. Section 2 – Location and operation The said dispensary shall be located at such a place as the Council shall determine by motion and may be either leased or owned by the Municipalities as the Council shall determine. It shall be in charge of a person known as the operator who shall also be selected by the Village Council and show has be paid such compensation as the Council shall determine. Said operator shall have full charge of the operation of such dispensary and shall have authority to purchase supplies as are necessary and employ such additional help as he may need at a rate of compensation to be approved by the council and under rules to be determined by the Council and in conformity with the law. All employees including the operator shall hold their positions at the pleasure of the Council. No minor persons shall be employed in the municipal dispensary. Section 3 – Dispensary Fund Created. A liquor dispensary fund is hereby created in which all revenue received from the operation of the dispensary shall be paid and from which all operating expenses shall be paid, provided that the initial costs of rent, fixtures and stock may be paid for out of the general fund of the municipality but such amounts shall be reimbursed to the general fund out of the first moneys coming into the liquor dispensary fund not needed for carrying on the said business. Any surplus accumulating in this fund may be transferred to the general fund or poor fund by motion of the council and expended for any municipal purpose. Section 4 – Hours of operation The Municipal dispensary shall at all times observe the following restrictions upon the hours of operation: No sale of intoxicating liquors shall be made on Sunday nor before three o’clock P.M. on any Memorial Day nor before eight o’clock P.M. on any election day in the Village. No “off-sale” shall be made before eight o’clock a.m. or after eight o’clock p.m. of any day except Saturday, on which day “off-sale” may be made until ten o’clock p.m. Section 5 – Conditions of operation and restrictions on consumption No pool or billiard table shall be kept in the dispensary or any rooms connecting therewith; nor shall any one on such premises keep, possess or operate on such premises or in any rooms adjoining or connected therewith any slot machine, dice or any other gambling device or permit the same to be kept or use. No gambling shall be permitted on such premises nor shall any person of known immoral character or any disorderly person be permitted on such premises. No other business than the sale of liquor shall be carried on by the dispensary or by any persons employed therein during the time so employed and in conjunction therewith. No liquor shall be sold to a person who is in an intoxicated condition. No liquor shall be sold to a minor. No person shall be permitted to loaf or loiter about the dispensary habitually. No premises shall be leased for a dispensary upon which taxes, assessments or other legal public levies are delinquent and unpaid. Section 6 – Repeal – All ordinance of the Village or any provisions thereof in conflict with this ordinance or any of its provisions are hereby repealed. No provisions hereof shall effect the ordinance licensing and regulating the sale of non-intoxicating malt liquor adopted pursuant to Chapter 116 – Laws of Minnesota 1933 and ___s amendatory thereof nor any license granted thereunder. Section 7 – Enforcement and penalty – It shall be the duty of all police officers of the Village to enforce the provision of this ordinance and to search premises and seize evidence of law violations and preserve the same as evidence against any person alleged to be violating this ordinance and to prepare the necessary processes and papers therefore Any person violating any provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00), or in default of such payment shall be imprisoned in the County jail for not to exceed ninety (90) days. Provided also, that any employee of the dispensary willfully violating any provision thereof or any provision of the law of Minnesota relating to gambling or the sale of intoxicating liquor shall be discharged. Section 8 – Effect – This ordinance shall take effect and be in force from and after its passage and publication. th Passed by the Council this 16 day of Dec 1940. Approved (Seal) Attest Wm Greupner MC Tesch Clerk Pres of Council The following application for operation of the liquor store were read John Vicka Al Beaudry Don Lloyd Wm Handel Ed Gavin Lyle Briggs Geo Cornelius After discussing this matter thoroughly a motion was made by Frank Nickerson, seconded by G.A. Bailey to hire Geo Cornelius to operate the Elk River Municipal Liquor store at $125.00 a month. A motion was made by G.A. Bailey seconded by Frank Nickerson to set the Bond for the operator of the liquor store at one thousand dollars. Motion carried. No further business, meeting adjourned. Wm H Greupner M.C. Tesch Clerk Pres