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(A) In general. Every license is subject to the conditions in the following subdivisions and all other provisions of this subchapter and of any other applicable ordinance, state law or regulation.
(B) Insurance. Compliance with financial responsibility requirements of state law and of this subchapter is continuing condition of any license granted pursuant to this subchapter.
(C) Licensee's responsibility. Every licensee is responsible for the conduct in the licensed establishment and the conditions of sobriety and order in it. Any sale of alcoholic beverages by any employee authorized to sell such beverages in the establishment is the act of the licensee for the purposes of M.S. Ch. 340A, as it may be amended from time to time, except M.S. §§ 340A.701, 340A.702, and 340A.703, as they may be amended from time to time.
(D) Sales to minors or obviously intoxicated persons. No liquor shall be sold or served to any obviously intoxicated person or to any person under 21 years of age.
(E) Consumption by minors. No person under the age of 21 years shall be permitted to consume liquor on the licensed premises.
(F) Employment of minors.
(1) No person under the age of 18 may serve or sell intoxicating liquor in a retail intoxicating liquor establishment (“on-sale” or “off-sale”).
(2) No person under the age of 18 may be employed in a retail 3.2% malt liquor off-sale establishment.
(3) No minor under the age of 18 shall be employed in any rooms constituting the place in which intoxicating liquors or 3.2% malt liquors are served or consumed or in any tasks involving the serving, dispensing, or handling of such liquors that are consumed on the premises except that:
(a) Minors who have reached the age of 17 may be employed to perform busing or dishwashing serviced in those rooms or areas of a restaurant, hotel, motel, or resort where the presence of intoxicating liquor is incidental to food service of preparation;
(b) Minors who have reached the age of 17 may be employed to perform busing or dishwashing services or to provide waiter or waitress service in rooms or areas where the presence of 3.2% malt liquor is incidental to food service or preparation;
(c) Minors who have reached the age of 16 may be employed to provide musical entertainment in those rooms or areas where the presence of intoxicating liquor and 3.2% malt liquor is incidental to food service or preparation; and
(d) Minors are not prevented from working at tasks which are not prohibited by other parts of this subchapter, Minnesota Rules, or the law in establishments where liquor is sold, served, dispensed, or handled in those rooms or areas where no liquor is consumed or served.
(e) A minor who has reached the age of 17 and has graduated from high school shall be excluded from the prohibitions of this division (F)(3)(a through d) above.
(f) The prohibitions of division (F)(3)(a through d) above do not apply to a minor working for a corporation totally owned by one or both parents in which the daily corporate business is supervised by the parent or parents.
(G) Gambling. No gambling or any gambling device, except for pull tabs or other similar charitable gaming activities permitted by the State of Minnesota, shall be permitted on any licensed premises.
(H) Intoxicating liquor prohibited at 3.2% malt liquor licensed establishments. No 3.2% malt liquor licensee who is not also licensed to sell intoxicating liquor and who does not hold a consumption and display permit may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this subchapter.
(I) Display and storage of alcohol. A holder of a liquor license may not store any liquor at any location other than the licensed premises except with the written permission of the Commissioner of Public Safety.
(J) Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee during business hours without a warrant.
(K) Display during prohibited hours. No “on-sale” establishment shall display liquor to the public during hours when they sale of liquor is prohibited.
(L) Prohibited hours.
(1) 3.2% malt liquor. No sale of 3.2% malt liquor may be made between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between the hours of 1:00 am. and 11:00 a.m. on Sunday.
(2) Intoxicating liquor on-sale. No licensee shall allow the display or consumption of liquor between the hours of 1:30 a.m. and 8:00 a.m. on the days of Monday through Saturday. Further, no person other than the licensee or an employee of the licensee shall remain in the bar area of a licensed establishment between the hours of 1:30 a.m. and 8:00 a.m.
(3) Special License for Sunday on-sale. No licensee shall allow the display or consumption of liquor between the hours of 1:30 a.m. and 11:00 a.m. on Sundays. Further, no person other than the licensee or an employee of the licensee shall remain in the bar area of a licensed establishment between the hours of 1:30 a.m. and 11:00 a.m. on Sundays.
(M) Alcohol serving/selling training. Before a license is renewed or granted, each licensed establishment must certify to the city that it has completed an alcohol serving/selling training aimed at the prevention of sales to underage and intoxicated persons.
(1) The licensed establishment's owner or manger must offer and attend the training biennially.
(2) All employees who have the responsibility of selling of selling or serving an alcoholic beverage must receive the training.
(3) Notice of this requirement will be included in the renewal notice sent to each licensee.
(4) Certification received by the city from the licensee must include the name of the training course, who administered the training, date of training and who received the training. Certification must be received prior to the expiration date of the license.
(5) In the case of temporary license, the Municipal Liquor Store manager may administer the training.
(N) Outdoor patios and decks. Service and consumption of alcohol in outdoor patios and decks in conjunction with an intoxicating liquor “on-sale” license, an “on-sale” wine license, a special club license, a special license for Sunday sales, or a 3.2% malt liquor “on-sale” license, is allowed under the following conditions:
(1) The patio or deck must be compact and contiguous to the licensed premises;
(2) The area surrounding a patio or deck must be fenced so as to not allow entrance from outside the fenced area onto the patio or deck area unless the patio or deck is constructed in such a way to prevent entrance from other than the main premises;
(3) The maximum size allowed for the patio or deck area is six hundred (600) square feet;
(4) Music, televisions, bands, or any activity that would disturb the peace of the surrounding areas is prohibited on outdoor patios or decks;
(5) Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be approved.
(6) Lighting must be sufficient to promote public safety, shall be downward directional, and shall be compatible with the surrounding area;
(7) The outdoor patio or deck area must be included in the required liquor liability insurance for the premises;
(8) The licensee may allow smoking on the patio or deck, provided that the patio or deck is in compliance with the Minnesota Freedom to Breathe Act of 2007, M.S. § 144.391 et seq., as it may be amended from time to time; and
(9) Signs shall be posted in accordance with Minn. Rule 4620.0500 to advise persons of the existence of acceptable nonsmoking and smoking-permitted areas.
(Ord. 382, passed 6-5-2017)
(A) Liquor in unlicensed places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor “on-sale” or a permit from the Commissioner of Public Safety under M.S. § 340A.414, as it may be amended from time to time, (consumption and display permit) and no person shall consume liquor in any such place.
(B) Consumption in public places. No person shall consume liquor on a public highway, public park, or other city property without prior permission from the City Council.
(Ord. 382, passed 6-5-2017)
(A) The Council may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty as set forth in § 10.98, or impose any combination of these sanctions upon a finding that the licensee has failed to comply with any applicable statue, regulation, or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to M.S. §§ 14.57 to 14.69, as they may be amended from time to time, of the Administrative Procedure Act.
(B) Lapse of required dram shop insurance or bond, or withdrawal of a required deposit of cash or securities, shall affect an immediate suspension of any license issued pursuant to this subchapter without further action of the City Council. Notice of cancellation, lapse of a current liquor liability policy or bond, or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse or required insurance or bond, or withdrawal of a required deposit, or of suspension or revocation of a license, may request a hearing thereon and if such a request is made in writing to the City Administrator a hearing shall be granted within ten days or such longer period as may be requested. Any suspension under this paragraph shall continue until the City Council determines the financial responsibility requirements of this subchapter have again been met.
(C) Unless otherwise stated in this section, the City Council will impose the following suspensions for the stated offense:
(1) First offense: suspension of one normal operating business day;
(2) Second offense within 24 months: suspension of seven normal operating business days;
(3) Third offense within 24 months: 30-day suspension of normal operating business days:
(4) Fourth offense within 24 months: revoke license for one year and review the circumstances before renewing the license.
(Ord. 382, passed 6-5-2017)
No sale of intoxicating liquor may be made by an off-sale licensee:
(A) On Sundays;
(B) Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
(C) On Thanksgiving Day;
(D) On Christmas Day, December 25; or
(E) After 8:00 p.m. on Christmas Eve, December 24.
Statutory reference:
Similar provisions, see M.S. § 340A.504, subd. 4
, being M.S. § 144.397 et seq.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(2) The Council may, for violation of §§ 110.01 through 110.11 of this chapter, revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty as set forth in § 10.98 for each violation or impose any combination of these sanctions upon a finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to alcoholic beverages.
(Ord. 381, passed 1-9-2017; Ord. 382, passed 6-5-2017)