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The provisions of M.S. Ch. 340A, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumptions, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2% malt liquor are hereby adopted by reference and are made part of this ordinance as if set out in full. It is the intention of the City Council that all future amendments to M.S. Ch. 340A, as it may be amended from time to time, are hereby adopted by reference or referenced as if they had been in existence at the time this subchapter is adopted.
(Ord. 382, passed 6-5-2017)
The council is authorized by the provisions of M.S. § 340A.509, as it may be amended from time to time, to impose, and has imposed in the ordinance, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Ch. 340A, as it may be amended from time to time.
(Ord. 382, passed 6-5-2017)
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)
(A) General requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the city any intoxicating liquor or 3.2% malt liquor without a license to do so as provided in this subchapter. Liquor licenses shall be of eight kinds: intoxicating liquor “on-sale”, temporary intoxicating liquor “on-sale”, “on-sale” wine, special Sunday license, club license, 3.2% malt liquor “on-sale”, 3.2% malt liquor “off-sale”, and 3.2% malt liquor temporary “on-sale”.
(B) Intoxicating liquor “on-sale” licenses. Subject to the approval of the City Council, intoxicating liquor “on-sale” licenses shall be issued only to hotel or restaurants and shall permit “on-sale” of liquor only. The number of “on-sale” licenses issued pursuant to this subchapter shall not exceed four. Exclusions from the license limits are allowed pursuant to M.S. 340A.413, subd. 4, as it may be amended from time to time.
(C) Intoxicating liquor temporary “on-sale” licenses. Subject to the approval of the City Council, intoxicating liquor temporary “on-sale” licenses shall be issued only to clubs or chartable, religious, or other non-profit organizations in existence for at least three years. A temporary license authorizes the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee and subject to restrictions imposed by the State Liquor Act. Said license may be issued for a period not to exceed four consecutive days and may authorize on-sales on premises other than premises the licensee owns or permanently occupies.
(D) “On-sale” wine licenses. With the approval of the Commissioner of Public Safety and the City Council, “on-sale” wine licenses shall be issued only to restaurants meeting the qualifications of M.S. § 340A.404, subd. 5, as it may be amended from time to time, and shall permit only the sale of wine of up to 24% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food.
(E) Special club licenses. With the approval of the Commissioner of Public Safety and the City Council, special club licenses shall be issued only to incorporated clubs which have been in existence for five years or more or to congressionally chartered veterans' organizations which have been in existence for five years, and shall permit on-sale of liquor only to members and bona fide guests.
(F) Special license for Sunday sales. With the approval of the City Council, a special license authorizing sales on Sunday in conjunction with the serving of food may be issued to any hotel, restaurant, or club which has facilities for serving at least 30 guests at one time, and which has an on-sale license. The sale of “on-sale” liquor on Sundays will be allowed from 11:00 a.m. on Sundays until 1:00 a.m. on Mondays.
(G) 3.2% malt liquor “on-sale”. With the approval of the City Council 3.2% malt liquor “on-sale” licenses shall be granted only to clubs, restaurants, hotels, golf courses, establishments used exclusively for the sale of 3.2% malt liquor with the incidental sale of tobacco and soft drinks, and bowling centers where food is prepared and served for consumption on the premises. “On-sale” licenses shall permit the sale of 3.2% malt liquor for consumption on the premises only.
(H) 3.2% malt liquor temporary “on-sale”. With the approval of the City Council, 3.2% malt liquor temporary “on-sale” licenses shall be granted only to clubs or charitable, religious, or non-profit organizations for the sale of 3.2% malt liquor at retail, in the original package for consumption on the premises only.
(I) 3.2% malt liquor “off-sale”. With the approval of the City Council, 3.2% malt liquor “off-sale” licenses shall permit the sale of 3.2% malt liquor at retail, in the original package for consumption off the premises only.
(Ord. 382, passed 6-5-2017)
An on-sale intoxicating liquor license shall be issued only to hotels or restaurants that conform to the following requirements:
(A) Minimum capacity of the 30 seated patrons at one time.
(B) Restaurants that comply with all rules and regulations of the State Board of Health.
(C) Appropriate facilities adequate for the sale of food prepared on the premises.
(D) There shall be adequate heating, cooling and ventilating facilities to provide a comfortable and pleasurable surrounding for patrons.
(Ord. 382, passed 6-5-2017)
(A) Form. Every application for a license to sell liquor shall state the name of the applicant, age, representations as to character (with such references as the Council may require), citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he has been in that business at the place, and such other information as the Council may require from time to time. Every application shall also include a copy of each summons received by the applicant under M.S. § 340A.802, as it may be amended from time to time, during the preceding year. (M.S. § 340.409, subd. 8, as it may be amended from time to time) In addition to containing such information, the application shall be in the form prescribed by the Department of Public Safety and shall be verified and filed with the City Administrator. No person shall make a false statement in an application. Proof of liquor liability insurance must accompany the application.
(B) Financial responsibility. No liquor license may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility as defined in M.S. § 340A.409, as it may be amended from time to time, with regard to liability under M.S. § 340A.801, as it may be amended from time to time (dram shop laws). Such proof shall be filed with the Department of Public Safety and the City Administrator. Any liability insurance policy filed as proof of financial responsibility under this subdivision shall conform to M.S. § 340A.409, as it may be amended from time to time. Notwithstanding the foregoing, this section shall not apply to licensees who by affidavit establish that:
(1) They are on-sale 3.2% malt liquor licensees with sales of less than $25,000 of 3.2% malt liquor for the preceding year;
(2) They are off-sale 3.2% malt liquor licensees with sales of less than $50,000 of 3.2% malt liquor for the preceding year;
(3) They are holders of an on-sale wine license with sales of less than $25,000 for wine for the preceding year; or
(4) They are holders of temporary wine licenses issued under law.
(Ord. 382, passed 6-5-2017)
(B) Payment. Each application for a license shall be accompanied by a receipt from the City Administrator for payment in full of the license fee and the fixed investigation fee required under division (A), above, if any. All fees shall be paid into the General Fund. If an application for a license is rejected, the City Administrator shall refund the amount paid as the license fee.
(C) Term; pro rata fee. Each license, except temporary licenses, shall be issued for a period of one year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with an unexpired fraction of a month being counted as one month. Every license, except temporary licenses, shall expire on the last day of June.
(D) Refunds. No refund of any fee shall be made except as authorized by statute.
(Ord. 382, passed 6-5-2017)
(A) Preliminary background and financial investigation.
(1) On an initial application for any license issued pursuant to this subchapter, and on application for transfer of existing license, the applicant shall pay with the application an investigation fee as set forth in the Fee Schedule in § 33.01.
(a) For intoxicating liquor on-sale, on-sale wine, on-sale 3.2% malt liquor, intoxicating liquor temporary on-sale: an investigation fee as set forth in the Fee Schedule in § 33.01;
(b) For off-sale 3.2% malt liquor, temporary on-sale 3.2% malt liquor, and special club licenses: an investigation fee as set forth in the Fee Schedule in § 33.01.
(2) The application in such case shall be made on a form prescribed by § 110.30(A) and with such additional information as the Council may require. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.
(B) Comprehensive background and financial investigation. If the results of a preliminary investigation warrant, in the sound discretion of the council, a comprehensive background and financial investigation of the applicant is necessary, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety or Bureau of Criminal Investigation. The investigation fee for this comprehensive background and financial investigation to be paid by the applicant shall be as set forth in the Fee Schedule in § 33.01 for investigation conducted within the state; and in the amount as set forth in § 33.01, if the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the Council that issuance would not be in the public interest.
(C) Hearing and issuance. The City Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background and financial investigation conducted. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety.
(D) Person and premises licensed; transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval.
(E) Change in ownership of stock; report of transfer. Where a liquor license is held by a corporation, a change in ownership of 10% or more of the stock of the corporation must be reported in writing to the City Council within ten days of the transfer. A transfer of stock without prior Council approval is grounds for revocation of the license.
(Ord. 382, passed 6-5-2017)
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