(A) Information required for application.
(1) General. In addition to information which may be required by forms of the Commissioner of Public Safety, applications for annual on-sale licenses to be issued under this chapter shall contain information as required on forms prescribed by the City Clerk.
(2) Nature of application. The application shall state whether the applicant is a natural person, corporation, partnership or other form of organization.
(3) Natural person. If the applicant is a natural person, the following information shall be furnished:
(a) True name, place and date of birth and street residence address of the applicant;
(b) Whether the applicant has ever used or been known by a name other than his or her true name and, if so, what was the name or names, and information concerning dates and places where used;
(c) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant;
(d) Whether the applicant is a registered voter, and if so, where;
(e) Street address at which the applicant and present spouse have lived during the preceding ten years;
(f) Kind, name and location of every business or occupation the applicant or present spouse has been engaged in during the preceding ten years;
(g) Names and addresses of the applicant’s and spouse’s employers and partners, if any, for the preceding ten years;
(h) Whether the applicant or spouse has ever been convicted of any crime or violation of any city ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had;
(i) Whether the applicant or spouse has ever been engaged as an employee or in operating a saloon, hotel, restaurant, café, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time of the employment or operation;
(j) Whether the applicant has ever been in military service; and
(k) The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor or on-sale 3.2% malt liquor and who is nearer of kin to the applicant or spouse than a second cousin, whether of the whole or half blood, computed by the rules of civil law, or who is a brother-in-law or sister-in-law of the applicant or spouse.
(4) Partnership. If applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in division (A)(3) above. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed.
(5) Corporation. If applicant is a corporation or other association, the following information shall be required:
(a) Name and, if incorporated, the state of incorporation;
(b) A true copy of the certificate of incorporation, articles of incorporation or association agreement and by-laws and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes;
(c) The name of the operating officer or proprietor or other agent in charge of the premises to be licensed, giving all the information about the person as is required of a single applicant in division (A)(3). As used in this chapter, the term “operating officer” shall mean the person responsible for the day- to-day operating decisions of the licensed premises; and
(d) A list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an interest in the corporation or association in excess of 5% or who are officers or directors of the corporation or association, together with their addresses and all information as is required of a single applicant in division (A)(3) of this section.
(6) Club. If an application is submitted by a club, charitable, religious or non-profit organization, the following information shall be submitted in addition to that required by the commissioner of public safety, and by the prior subdivisions hereof:
(a) The purpose for which the entity was originally organized and for which it is now existing;
(b) Date the entity was first organized and place of organization;
(c) The number of members;
(d) The full name of each member of the club’s board of directors, club officers, and each member of any operating committee which has decision-making authority for the club’s overall operation, and the operating manager(s) or other person who shall be in charge of the licensed premises, together with the same information concerning the person as is required of a single applicant for a license as set forth in division (A)(3) above. The application shall include a sworn statement by a board member or officer of the club setting forth all persons and titles as is required in this clause;
(e) If the application is submitted by a club, whether for an on-sale or special club license, a sworn statement by a responsible individual having personal knowledge of the facts shall be submitted with the application verifying that the club meets all the requirements of M.S. §§ 340A.101, subd. 7 and 340A.404, subd. 1; and
(f) If an application is for a “club” license, the sworn statement required by subsection (A)(6)(e) above shall include a statement that the club meets all the requirements of M.S. §§ 340A.404, subd. 1 and 340A.101, subd. 7. In the event no person can make this statement from personal knowledge of the facts, satisfactory documentary proof may be submitted to satisfy this requirement.
(7) Type. The application shall state the type of license the applicant seeks.
(8) Description of premises.
(a) Legal description. The exact legal description of the premises to be licensed, together with a plot plan of the area for which the license is sought showing dimensions, location of buildings, street access parking facilities.
(b) Street address. The street address where the sales are to be conducted and identification of the rooms including hotel rooms, if applicable, where beverages are to be sold or consumed.
(c) Floor plan. A floor plan of the building, including dining rooms open to the public, showing dimensions and indicating the number of persons intended to be served in each of the rooms. The floor number and street number where sales are to be conducted and the rooms where it is to be sold or consumed.
(d) Preliminary plans. Whenever the application for a license is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design and floor plan of the proposed premises to be licensed. If the plans or design are on file with the building official, no plans need be filed with the City Clerk.
(9) Federal permit. Whether a permit from the federal government is required by the laws of the United States, whether or not the permit has been issued, and if so required, in what name issued and the nature of the permit.
(10) Financial and interest criteria.
(a) Financial interest. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade, the nature of the interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lien holders, trustees, trustors and persons who have co-signed notes or have otherwise loaned, pledged or extended security for any indebtedness of the applicant.
(b) Amount of investment. The amount of investment that the applicant has in the business, building, premises, fixtures, furniture and stock in trade, and proof of the source of the money.
(c) Value of fixtures. The fair market value of the fixtures and structures, exclusive of land, on the premises proposed to be licensed.
(11) References. The names, residences and business addresses of three persons, residents of the state, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant’s character or, in the case where information is required of an operating officer, the operating officer’s character.
(12) Taxes. Whether or not all real estate taxes, assessments or other financial claims of the city, state of federal government for the business and premises to be licensed have been paid, and if not paid, the years for which delinquent.
(13) Description of proposed business. A detailed narrative description of the proposed business for which the license is sought including, but not limited to: type of clientele, type of entertainment (if any), type of food menu (if any), and fixtures.
(14) Other information required. Other information as the City Council shall require.
(‘81 Code, § 3-34) (Ord. 458, passed 9-21-89; Am. Ord. 624, passed 1-23-97; Am. Ord. 944, passed 4-25-13)
(B) Renewal applications.
(1) License period, expiration. Each renewal license shall be issued for a maximum period of one year. All licenses, except temporary licenses, expire on December 31 of each year. Temporary licenses shall expire according to their terms.
(2) Time of making application. Applications for renewal of an existing license shall be made at least 90 days prior to the date of the expiration of the license, and shall state that everything in the prior applications remains true and correct except as otherwise indicated. The city will mail application forms to existing licensees approximately 120 days prior to expiration of the licenses. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for failure to file for a renewal within the time period provided, the Council may, if the other provisions of this chapter are complied with, grant the application.
(3) Statement of gross sales; when required. At the earliest practicable time after application is made for a renewal of an on- sale intoxicating liquor license and, in any event, prior to the time that the application is approved by the Council, the applicant shall file with the City Clerk a statement made by a certified public accountant that shows the total gross liquor sales of the restaurant for the preceding 12-month period beginning September 1 and ending on August 31. A foreign corporation shall also file a current certificate of authority.
(‘81 Code, § 3-35) (Ord. 458, passed 9-21-89)
(C) Application following denial of license application or renewal. No application for any license under this chapter may be made earlier than six months after the date the City Council denies an initial application or renewal application under this chapter for the same applicant.
(Ord. 944, passed 4-25-13; Am. Ord. 1010, passed 5-26-16)