(A) No person, except a person by law not required to obtain a license from the city, may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of any alcoholic beverage as part of a commercial transaction in the city without having obtained a license to do so as provided in this subchapter. Any person licensed to sell intoxicating liquor at on-sale shall not be required to obtain an on-sale license for 3.2% malt liquor.
(B) Three-point-two percent malt liquor licenses shall be of the following kinds.
(1) Off-sale 3.2% malt liquor license. An off-sale 3.2% malt liquor license shall permit the sale of 3.2% malt liquor in the original package for consumption off the licensed premises only.
(2) On-sale 3.2% malt liquor license. An on-sale 3.2% malt liquor license shall permit sale of 3.2% malt liquor for consumption on the licensed premises only. An on-sale license shall be issued only to drugstores, restaurants, hotels, clubs, and establishments used exclusively for the sale of 3.2% malt liquor with the incidental sale of tobacco and soft drinks.
(3) Temporary on-sale 3.2% malt liquor license. A temporary on-sale 3.2% malt liquor license shall permit the temporary sale of 3.2% malt liquor for consumption on the licensed premises only. A temporary on-sale license shall be issued only to a club or a charitable, religious, or nonprofit organization. A temporary license may authorize the sale of 3.2% malt liquor in any school or school building. A temporary license shall be subject to any terms prescribed by the City Council as a condition of the issuance of the license.
(C) Intoxicating liquor licenses shall be of the following kinds.
(1) On-sale intoxicating liquor license. An on-sale intoxicating liquor license shall permit sale of intoxicating liquor for consumption on the licensed premises only. An on-sale license shall be issued only to an individual person operating a hotel or restaurant, or to a club which does not or cannot avail itself of a club on-sale intoxicating liquor license.
(2) On-sale wine license. An on-sale wine license shall permit sale of wine of up to 14% alcohol by volume for consumption with the sale of food on the licensed premises only. An on-sale wine license shall be issued only to a restaurant having facilities for seating at least 25 guests at one time. An on-sale wine license shall authorize the sale of wine on all days of the week unless the City Council restricts the license’s authorization to the sale of wine on all days except Sundays. An on-sale wine license shall be issued only with the approval of the Commissioner of Public Safety. A holder of an on-sale wine license issued pursuant to M.S. § 340A.404 subd. 5(a), as amended from time to time, who is also licensed to sell 3.2% malt liquors at on-sale pursuant to M.S. § 340A.411, as amended from time to time, and whose gross receipts are at least 60% attributable to the sale of food, may also sell intoxicating malt liquors at on-sale without an additional license as defined in M.S. § 340A.404 subd. 5(c), as amended from time to time.
(3) Club on-sale intoxicating liquor license. A club on-sale intoxicating liquor license shall permit sale of intoxicating liquor to club members and bona fide guests of club members only, for consumption on the licensed premises only. A club on-sale license shall be issued only to a congressionally chartered veterans organization which has been in existence for ten years or more or to any other club which has been in existence for 15 years or more.
(4) Temporary on-sale intoxicating liquor license. A temporary on-sale intoxicating liquor license shall be issued only to a club or charitable, religious, or other nonprofit organization in existence for at least three years. The license shall permit sale of intoxicating liquor for consumption on the licensed premises only, for not more than three consecutive days specified in the license, in connection with a social event in the city sponsored by the licensee. In granting the license, the City Council may authorize sale on premises other than premises the licensee owns or permanently occupies. The City Council may provide that the licensee may contract for intoxicating liquor catering services with an on-sale intoxicating liquor licensee. A temporary on-sale license shall be subject to any additional terms imposed by the City Council. A temporary on-sale license shall not be valid until first approved by the Commissioner of Public Safety.
(5) Special Sunday on-sale license.
(a) Special on-sale licenses for the sale of intoxicating liquor on Sunday shall be issued only to bowling centers and to hotels, restaurants, and clubs as defined in M.S. § 340A.101, as it may be amended from time to time. All sales at such establishments shall be in accordance with M.S. § 340A.504, subd. 3, as it may be amended from time to time.
(b) The sale hours of on-sale intoxicating liquor on Sundays shall be established by state statute. Establishments serving liquor on Sundays must obtain a special license under division (C)(5)(a) above.
(6) Brewer off-sale.
(a) A brewer licensed under M.S. § 340A.301, subd. 6, clause (c), (i), or (j), as amended from time to time, may be issued a license by a municipality for off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the Commissioner. A brewer may only have one license under this division (C)(6). The amount of malt liquor sold at off-sale may not exceed 750 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores, except that malt liquor in growlers only may be sold at off-sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be established by those jurisdictions.
(b) Packaging of malt liquor for off-sale under this division (C)(6) must comply with M.S. § 340A.285, as amended from time to time, and can only be packaged in 64-ounce containers commonly known as GROWLERS or 750 milliliter bottles for off-sale. No other off-sale containers will be allowed.
(c) A municipality may not issue a license under this section to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually.
(d) A brew pub or brewer may, but is not required to, refill any container or bottle with malt liquor for off-sale at the request of the customer. A brew pub or brewer refilling a container or bottle must do so at its licensed premises and the container or bottle must be filled at the tap at the time of sale. A container or bottle refilled under this division (C)(6)(d) must be sealed and labeled in the manner described in division (C)(6)(a) above.
(7) Brewer taproom license.
(a) A municipality, including a city with a municipal liquor store, may issue the holder of a brewer’s license under M.S. § 340A.301, subd. 6, clause (c), (i), or (j), as amended from time to time, a brewer taproom license. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. Nothing in this division (C)(7) precludes the holder of a brewer taproom license from also holding a license to operate a restaurant at the brewery. M.S. § 340A.409, as it may be amended from time to time, shall apply to a license issued under this division (C)(7). All provisions of this chapter that apply to a retail liquor license shall apply to a license issued under this division (C)(7) unless the provision is explicitly inconsistent with this division (C)(7).
(b) A brewer may only have one taproom license under this division (C)(7), and may not have an ownership interest in a brew pub.
(c) A municipality may not issue a brewer taproom license to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually.
(Ord. 100, passed 11-28-2000; Ord. passed 6-13-2023; Ord. passed 11-14-2023) Penalty, see § 110.99