As was previously established by Ordinance No. 132 dated July 1,1947, a municipal liquor store for the off-sale of intoxicating liquor continues under this subchapter. The municipal liquor store shall continue to be operated at the discretion of the City Council. No liquor may be sold at retail elsewhere in the city, except at such locations, establishments and clubs as may be lawfully licensed to do so, pursuant to this subchapter.
(A) Location. The municipal liquor store shall be located at such suitable places in the city as the Council determines, but no premises upon which taxes, assessments or other public charges are delinquent shall be leased for municipal liquor store purposes. The Council shall have the right to establish additional off-sale stores at other locations as it may from time to time, by motion, determine.
(B) Manager. The municipal liquor store shall be in the immediate charge of a liquor store manager selected by the City Council and paid such compensation as is fixed by the Council. The Manager shall not be a person who would be prohibited by law or any provision of this subchapter from being eligible for an intoxicating liquor license. The Manager shall furnish a surety bond to the municipality, conditioned upon the faithful discharge of his or her duties, in such sum as the Council specifies. The bond premium shall be paid by the city or the Manager, at the discretion of the Council. The Manager shall operate the municipal liquor store under the Council's discretion and shall perform such duties in connection with the municipal liquor store as may be imposed upon him or her by the Council. He or she shall be responsible to the Council for the conduct of the municipal liquor store in full compliance with this subchapter and with applicable Minnesota State Statutes.
(C) Other employees. The Council may also appoint additional employees as may be required and shall fix their compensation. No person under the age of 18 shall be employed in the store. The Council may require the employees to furnish surety bonds conditioned for the faithful discharge of their duties in a sum as specified by the Council. The premium on the bond may be paid by the city or the employees as the Council determines.
(D) Municipal liquor store fund created.
(1) Fund established. A Municipal Liquor Store Fund is hereby created in which all revenues received from the operation of the municipal liquor store shall be deposited and from which all ordinary operating expenses shall be paid. Surpluses accumulating in the fund may be transferred to the General Fund or to any other appropriate fund of the city by direction of the Council and expended for any municipal purposes.
(2) Receipts and disbursements. The handling of Municipal Liquor Store receipts and disbursement shall comply with the procedure prescribed by law for the receipts and disbursements of city funds generally.
(3) Financial statement. The Council shall provide within 90 days of the end of the calendar year for publication of a balance sheet using generally accepted accounting procedures and a statement of operations of the municipal liquor store for that year. The balance sheet and statement shall be published in accordance with the provisions of M.S. § 471.6985, as it may be amended from time to time.
(E) Hours of operation. No off-sale shall be made in the Municipal Liquor Store before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday or before 11:00 a.m. and 6:00 p.m. on Sundays. No off-sale shall be made Thanksgiving Day; or Christmas Day, December 25; and no off-sale shall be made after 8:00 p.m. on Christmas Eve, December 24. The Municipal Liquor Store shall not open for business of any kind during the days and hours when sale of intoxicating liquors are prohibited.
(F) Conditions of operation.
(1) No business other than the sale of liquor shall be carried on in the Municipal Liquor Store, except the retail sale of cigars, cigarettes, all forms of tobacco, soft drinks, ice, and other items incidental to the sale of liquor.
(2) Gambling of any kind is prohibited on the premises except as authorized by statute and further allowed by the City Council.
(3) No minor, except accompanied by an adult, shall be permitted to remain on the premises of the municipal liquor store. No liquor or beer shall be sold to a minor, directly or indirectly. No minor shall misrepresent his or her age for the purpose of obtaining liquor.
(4) No liquor shall be sold to an intoxicated person.
(5) No person shall be permitted to loiter about the municipal liquor store habitually.
(Ord. 382, passed 6-5-2017)