(A) Persons ineligible for license.
(1) State law. No license shall be granted to or held by any person made ineligible for a license by state law.
(2) Manager required. No license shall be granted to a corporation that does not have an operating officer who is eligible, pursuant to the provisions of this chapter.
(3) Real party in interest. No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provisions of division (A) of this section or who, in the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license.
(4) Residency requirements renewal. A license will not be renewed if, in the case of an individual, the licensee is not a resident of the state at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the state at the time of the renewal; or in the case of a corporation, if the operating officer is not a resident of the state at the time of the date of renewal. The time for establishing residency within the state may, for good cause, be extended by the Council.
(5) “Interest” defined.
(a) The term “interest” as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail wine, intoxicating liquor or 3.2% malt liquor establishment, but does not include: bona fide loans, bona fide fixed sum rental agreements, bona fide 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 or supplies to the establishment, or an interest of 5% or less in any corporation holding a city liquor license. A person who receives monies from time to time directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in the retail license.
(b) In determining “bona fide” the reasonable value of the goods or things received as consideration for the payment by the licensee and all other facts reasonably tending to prove or disapprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered.
(‘81 Code, § 3-43)
(B) Places ineligible for license.
(1) No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments or other financial claims of the city or of the state are due, delinquent or unpaid. If an action has been commenced pursuant to the provisions of M.S. Chapter 278, questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless the one-year period is extended through no fault of the licensee.
(2) No license shall be issued for premises owned by a person or entity who is not the applicant and to whom a license could not be issued under the provisions of this Chapter. This provision, however, does not apply to and a license may be issued for premises owned by a person who is under the age of 21, a noncitizen who is a resident (legal) alien, or a person who has been convicted of a crime other than a violation of this Chapter or M.S. Chapter 340A.
(3) No license shall be granted for any place which has a common entrance or exit between any two establishments, except that a public concourse or public lobby shall not be construed as a common entrance or exit.
(‘81 Code, § 3-44)
(Ord. 458, passed 9-21-89; Am. Ord. 624, passed 1-23-97; Am. Ord. 991, passed 6-11-15)