Subd. 1. Application. All applications shall be made at the city administrative offices upon forms, if prescribed by the proper department of the state, together with additional information as the Council may desire; if not so prescribed, then upon forms furnished by the city. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant.
Subd. 2. False statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in the application, or any willful omission to state any information called for on the application form shall, upon discovery of the falsehood, work
an automatic refusal of license or, if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter or any part thereof.
Subd. 3. Application and investigation fees. At the time of the initial application, an applicant for an on-sale or off-sale 3.2% malt liquor or liquor license or on-sale wine license shall pay to the city the sum of $100 if a natural person, $200 if a partnership or $300 if a corporation, which fee shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the city in processing the application and the investigation thereof. No fee shall be required of an applicant for a temporary 3.2% malt liquor license.
Subd. 4. Action.
A. Granting. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this chapter.
B. Issuing.
1. If an application is approved, the city shall forthwith issue a license pursuant thereto in the form prescribed by the city or the proper department of the state, as the case may be, and upon payment of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued and which are to become effective other than on the first day of the licensed calendar year, the fee to be paid with the application shall be a pro rata share of the annual license fee on a monthly basis. Licenses shall be valid only at one location and on the premises therein described.
2. For the purpose of this subparagraph, the following definition shall apply unless the context clearly indicates or requires a different meaning.
a.
CONTIGUOUS PROPERTIES. Included in the definition of “one location.”
C. License refund in certain cases. In the event that, during the license year, the licensed premises shall be destroyed or so damaged by fire, or otherwise, that the licensee shall cease to carry on the licensed business, or in case the business of the licensee shall cease by reason of his or her illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under his or her license, except when the license is revoked, the city shall, upon the happening of any such event, refund to the licensee or to his or her estate the part of the license fee paid by him or her as corresponds to the time the license had yet to run. In the event of death of the licensee, his or her personal representative is hereby authorized to continue operation of the business for not more than 90 days after the death of the licensee.
D. Transfer. It is unlawful to transfer a license between persons or to a different location without prior consent of the Council and filing an initial application; provided that, the license fee for that portion of the unexpired license term shall be transferable, but an investigation fee shall be chargeable.
E. Refusal and termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation.
F. Corporate applicants and licensees.
1. A corporate applicant, at the time of application, shall furnish the city with a list of all persons that have an interest in the corporation and the extent of the interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Administrator of any change in legal ownership or beneficial interest in the corporation or in the shares.
2. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked 30 days after any change in ownership or beneficial interest of shares unless the Council has been notified of the changes in writing and has approved it by appropriate action. The Council, or any officer of the city designated by it, may, at any reasonable time, examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business.
3. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee.
G. Revocation or suspension of license. The Council may suspend or revoke any license for the sale of intoxicating or 3.2% malt liquor for any of the following reasons:
1. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the Council.
2. Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges.
3. Violation of any federal, state, or local law regulating the sale of intoxicating liquor, 3.2% malt liquor, or controlled substance.
4. Creation of a reoccurring nuisance on the premises or creation of a reoccurring nuisance in the surrounding area.
5. That the licensee allowed or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2% malt liquor.
6. That the licensee had knowledge of illegal acts upon or attributable to the licensed premises, but failed to report the same to the police.
7. Expiration or cancellation of any required insurance, or failure to notify the city within a reasonable time of changes in the term of the insurance or the carriers.
H. Act of licensee. Illegal acts performed or conducted by an employee of the licensee on the licensed premises shall be deemed to be the act of the licensee for the purpose of this chapter.
(Ord. 114, Second Series, passed 5-21-85)
I. Hearing Notice. Revocation or suspension of a license by the Council shall be preceded by public hearing conducted in accordance with M.S. §§ 14.57 through 14.70. The Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against the licensee.
J. Minimum period of operation required.
1. It is deemed to be in the public interest because of the limited number of on-sale and off-sale licenses that are issued, that licensees be in operation for a majority of the year.
2. Failure of the off-sale or on-sale liquor licensee to be in operation for not less than six months, plus one day during any calendar year, shall be grounds for non-renewal of the license or revocation of the license unless:
a. The failure to be in operation is the result of fire, wind or other casualty that causes the premises to be substantially unusable for the operation of the on-sale or off-sale liquor business;
b. Construction, reconstruction or remodeling of the business premises which are the licensed premises or are to be the licensed premises, reasonably delays the operation of the on-sale or off-sale liquor business;
c. The Council grants to the licensee permission for non-operation of the business so that it may be in operation for less than the six month, plus one day of any calendar year; and
d. The full license fee for the calendar year is paid by the licensee.
(Ord. 142, Second Series, passed 12-20-86)
Subd. 5. Duplicate licenses. Duplicates of all original licenses under this chapter may be issued by the city, without action by the Council, upon licensee’s affidavit that the original has been lost, and upon payment of a fee of $2 for issuance of the duplicate. All duplicate licenses shall be clearly marked “DUPLICATE.”
Subd. 6. Posting. All licensees shall post their licenses in their place of business.
Subd. 7. Local manager or agent required. If the license holder does not reside within 50 miles of the city, the licensee must provide the city with a local manager or agent that resides within 50 miles of the city who can take full responsibility for the conduct of the licensed premises and can serve as an agent for service of notices and other processes related to the license. The manager or agent must be a person who, by reason of age, character, reputation or other attributes, could qualify individually as a licensee.
(Ord. 715, passed 2-6-23)
Subd. 8. Persons disqualified. In addition to any other provision of law, no person shall qualify for a license under this chapter who has been convicted within the past five years of any felony, or a willful violation of a federal or state law, or local ordinance governing the manufacture, sale or distribution of 3.2% malt liquor, liquor or wine, or whose license therefor has been revoked within such period of time. Nor shall any person qualify as a licensee who has not attained the age of 21 years or who is not a citizen of the United States or a resident alien.
(Ord. 335, Second Series, passed 1-2-95; Am. Ord. 499, Second Series, passed 9-15-03)
(`80 Code, § 5.02) Penalty, see § 1.99