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(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
No on-sale of liquor 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, § 5.42) (Ord. 46, 2nd Ser., passed 8-2-2005; Ord. 53, 2nd Ser., passed 11-18-2008; Ord. 80, passed 6-26-2017) Penalty, see § 112.999
WINE
(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 wine on-sale, as part of a commercial transaction, without a license therefor from the city.
(B) This section shall not apply:
(1) To sales by manufacturers to wholesalers duly licensed as such by the Commissioner;
(2) To sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the city;
(3) To sales by wholesalers to persons holding on-sale wine licenses from the city; or
(4) To sales by on-sale liquor licensees on days and during hours when on-sale liquor sales are permitted.
(1989 Code, § 5.50) Penalty, see § 112.999
No on-sale of wine 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, § 5.51) (Ord. 47, 2nd Ser., passed 8-2-2005; Ord. 80, passed 6-26-2017) Penalty, see § 112.999
LIQUOR AND ON-SALE WINE LICENSE RESTRICTIONS, REGULATIONS AND UNLAWFUL ACTS
(A) No off-sale liquor license may be issued to any one person for more than one place in the city. Any person holding an interest in two or more licenses in the city shall be deemed to hold more than one license.
(B) For the purpose of this section, the term
INTEREST:
(1) Includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, and a person who receives money from time to time directly or indirectly from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary interest in the retail business; and
(2) Does not include loans; rental agreements; open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures, supplies to the establishment; an interest in a corporation owning or operating a hotel but having at least 150 or more rental units holding a liquor license in conjunction therewith; or 10% or less interest in any other corporation holding a license.
(C) In determining whether an “interest” exists, the transaction must have been bona fide and the reasonable value of the goods and things received as consideration for a payment by the licensee, and all other facts reasonably tending to prove or disprove the existence of a purposeful scheme or arrangement to evade the restrictions of this section must be considered.
(1989 Code, § 5.60, Subd. 1) Penalty, see § 112.999
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