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Applicants for licenses shall meet all requirements of law and of this subchapter, including any special requirements for the specific license sought. No 3.2% malt liquor license and no intoxicating liquor license shall be issued to:
(A) A person who is not a citizen of the United States or who is not a resident alien;
(B) A person under 21 years of age;
(C) A person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution, of intoxicating or 3.2% malt liquors;
(D) A person who has had an intoxicating liquor or 3.2% malt liquor license revoked within five years of the license application, or to any person who, at the time of the violation, owns any interest, whether as a holder of more than 5% of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; or
(E) A person not of good moral character and repute.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023)
The licensed premises shall meet all requirements of law and of this subchapter, including any special requirements for the specific license sought. In addition to any requirements which appear elsewhere in this subchapter, the following requirements shall apply.
(A) No license shall be granted for any premises restricted against commercial use through zoning ordinances and other proceedings or legal processes regularly had for that purpose, except a license may be issued to a restaurant in an area which was restricted against commercial uses after the establishment of the restaurant. This restriction shall not apply to a temporary on-sale 3.2% malt liquor license or to a temporary on-sale intoxicating liquor license, except to the extent required by law.
(B) No license shall be granted for any premises within 1,500 feet of any public school that is not within the city. This restriction shall not apply to a temporary on-sale 3.2% malt liquor license or to a temporary on-sale intoxicating liquor license, except to the extent required by law.
(C) No license shall be granted to any person in connection with the premises of another to whom a license could not by law be issued. This shall not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a noncitizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of M.S. Chapter 340A, as it may be amended from time to time.
(D) No license shall be granted for any premises within 50 feet of any public school or church, as measured by the shortest distance between the nearest point of the licensed premises to the school or church building. This limitation shall not apply to a temporary on-sale 3.2% malt liquor license or a temporary on-sale intoxicating liquor license. The City Council may, at its discretion, waive this requirement and continue to issue any license when the school or church is established at the location in question after a license has first been issued, upon finding that the public health, safety, and welfare will not be harmed by issuance of the license.
(E) No license shall be granted for any premises upon which any real estate taxes or installments of special assessments are delinquent, or upon which any financial claims of the city are delinquent.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023)
Any person desiring a license shall file with the Clerk/Treasurer a written application. When so required by law, the application shall be in the form prescribed by the State Bureau of Criminal Apprehension. Otherwise, it shall be in the form prescribed by the Clerk/Treasurer. The applicant shall present any additional information required by the City Council. Every applicant for the issuance, transfer, or renewal of a license shall include a copy of each summons received by the applicant under M.S. § 340A.802, as it may be amended from time to time, during the preceding year. No person shall make any false statement in or concerning any application.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023) Penalty, see § 110.99
(A) Upon an initial application for any license, or upon any application to transfer to a new licensee any existing license, the City Council shall make, or cause to be made, such background and financial investigation of the applicant as the City Council deems appropriate. The City Council may also conduct such investigation regarding the licensee as it deems appropriate upon an application for renewal of an existing license, or at any other time. The City Council may, by ordinance, establish an investigation fee required to be paid by each applicant for a new license or for transfer of a license, and may require that the fee be paid by the applicant at the time of making application for a license.
(B) If the City Council determines, or if the Bureau of Criminal Apprehension on its own initiative determines, that a comprehensive background and financial investigation is necessary upon an initial application for any on-sale intoxicating liquor license, or upon any application to transfer to a new licensee any existing on-sale intoxicating liquor license, the City Council may contract with the Bureau of Criminal Apprehension for the investigation, or it may otherwise conduct the investigation itself. In addition, a comprehensive investigation may be required by the City Council prior to the renewal of an existing on-sale intoxicating liquor license if the City Council deems it in the public interest. When a comprehensive investigation is conducted, the applicant shall pay to the city a comprehensive investigation fee not to exceed the amount provided by law if the investigation is conducted within the state, or the actual cost not to exceed the amount provided by law if the investigation is required outside the state. The City Council shall, by ordinance, fix the in-state comprehensive investigation fee, within the maximum amount provided by law, and the City Council may, by ordinance, fix a maximum out-of-state comprehensive investigation fee, below the maximum amount provided by law.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023)
After investigation and opportunity for an applicant to be heard, the City Council shall grant or deny the application in its discretion. If the application is approved, the Clerk/Treasurer shall issue the license to the applicant upon the applicant complying with all requirements of law and of this subchapter relating to issuance of the license. If any license, bond, or insurance is required by law to be approved by the Commissioner of Public Safety, the license shall not become effective until approval of the Commissioner is granted.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023)
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