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BEER
It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, charge for possession or otherwise dispose of beer, as part of a commercial transaction, without a license therefor from the city. This section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding beer licenses from the city. Annual on-sale beer licenses may be issued only to drug stores, restaurants, hotels, bowling centers, clubs and establishments used exclusively for the sale of beer with the incidental sale of tobacco and soft drinks.
(1989 Code, § 5.30) Penalty, see § 112.999
(A) Applicant. A club or charitable, religious or nonprofit organization shall qualify for a temporary on-sale beer license. The license may not authorize the sale of beer in any school or school buildings.
(B) Conditions.
(1) An application for a temporary license shall state the exact dates and place of proposed temporary sale.
(2) The Council may but at no time shall it be under any obligation whatsoever to grant a temporary beer license on premises owned or controlled by the city. The license may be conditioned, qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000 for injury to any one person and $300,000 for injury to more than one person, and $25,000 for property damage, naming the city as an insured during the license period. The license shall be issued only on the condition that the applicant will not sell in excess of $10,000 (retail value) worth of beer in any calendar year, and thereupon shall be exempt from proof of financial responsibility as provided for herein.
(3) The applicant shall comply with all other restrictions, limitations and regulations for the sale of beer under the city code and statutes.
(1989 Code, § 5.31) (Ord. 29, 2nd Ser., eff. 5-14-1999)
No on-sale of beer shall be made between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday, nor after 2:00 a.m. on Sunday. No off-sale shall be made on Sundays, except between the hours of 11:00 a.m. and 6:00 p.m., nor before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday, nor on Thanksgiving Day, nor on Christmas Day, December 25, or after 8:00 p.m. on Christmas Eve, December 24. (This section does not prohibit sales during hours when on-sale is permitted on Sunday as stated in § 112.061).
(1989 Code, § 5.32) (Ord. 80, passed 6-26-2017) Penalty, see § 112.999
LIQUOR
(A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of liquor, as part of a commercial transaction, without a license therefor from the city.
(B) This section shall not apply:
(1) To those potable liquors as are intended for therapeutic purposes and not as a beverage;
(2) To industrial alcohol and its compounds not prepared or used for beverage purposes;
(3) To wine in the possession of a person duly licensed under this chapter as an on-sale wine licensee;
(4) To sales by manufacturers to wholesalers duly licensed as such by the Commissioner; or
(5) To sales by wholesalers to persons holding liquor licenses from the city.
(C) The city may issue annual on-sale liquor licenses only to the following:
(1) Hotels;
(2) Restaurants;
(3) Bowling centers;
(4) Clubs or congressionally chartered veterans’ organizations, provided that liquor sales will be made only to members and bona fide guests; and
(5) Exclusive liquor stores.
(D) The city may issue annual off-sale liquor licenses to exclusive liquor stores and drug stores.
(1989 Code, § 5.40)
(A) License required. The electorate of the city having heretofore authorized the same at a general or special election, a Sunday on-sale liquor license may be issued to hotels, restaurants, clubs or bowling centers, in conjunction with the sale of food, which have on-sale liquor licenses, kitchen facilities and which also have seating capacity for not less than 30 guests at one time. For the purposes of this division (A), a limited food license issued by the County Health Department is the minimum means of qualifying kitchen facilities. Prior to issuance of the license, the applicant shall provide the city with proof of financial responsibility for Sunday sales.
(B) Limited Sunday licenses. The Council may issue a special limited Sunday on-sale liquor license to holders of on-sale liquor licenses for a period of one day and in connection with a selected community event, holiday or celebration. The applicant shall comply with all statutory and city code provisions relating to liquor sale and licensing, including Sunday sale regulations as to serving of food and seating capacity.
(C) Hours of sale. The hours of Sunday on-sale liquor sales shall be from 8:00 a.m. to 2:00 a.m. on Monday, provided that the licensee is in conformance with the State Clean Air Act, being M.S. §§ 144.411 to 144.417, as they may be amended from time to time.
(D) Unlawful acts. It is unlawful to sell on-sale liquor on Sunday unless the sales are licensed in accordance with this section, in conjunction with the sale of food, and during the hours of permitted sales.
(1989 Code, § 5.41) (Ord. 20, 2nd Ser., eff. 1-19-1996; Ord. 54, 2nd Ser., passed 12-16-2008; Ord. 61, 2nd Ser., passed 6-7-2011; Ord. 80, passed 6-26-2017; Ord. 94, passed 12-6-2022) Penalty, see § 112.999
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