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(A) The City Council shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2,000 for each violation on a finding that the license or permit holder has failed to comply with an applicable law, rule, or ordinance relating to alcoholic beverages. No suspension or revocation shall take effect until the license or permit holder has been afforded an opportunity for a hearing as provided by law. The City Council may impose the penalties provided in this section on a retail licensee who knowingly sells alcoholic beverages to another retail licensee for the purpose of resale, or on a retail licensee who purchases alcoholic beverages from another retail licensee for the purpose of resale.
(B) Lapse or cancellation of any required bond or liability insurance, or withdrawal of any required deposit of cash or securities in lieu of bond or insurance, shall effect an immediate suspension of the license without further notice or action of the City Council. Notice to the licensee of cancellation or lapse of a bond or insurance policy, or notice to the licensee of withdrawal of deposited cash or securities, shall constitute notice to the licensee of the suspension or impending suspension of the license. A licensee may file with the Clerk/Treasurer a written request for hearing upon a suspension which occurs under this section. The City Council shall hold a hearing within ten days of the filing of the request, or within such longer period of time as the licensee requests and the City Council allows. After hearing, the suspension shall be lifted if the City Council finds that the requirements for bond and for financial responsibility are met by the licensee. A suspension under this section shall continue until the City Council determines that the licensee again meets the requirements for bond and for financial responsibility.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023)
(A) Requirement. No business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the Commissioner of Public Safety to do so as provided by law. Any such permit issued by the Commissioner shall not be effective until approved by the City Council.
(B) Local permit fee. Within the limits established by law, the City Council shall, by ordinance, establish a local permit fee. This fee shall be in addition to any state fee which is imposed.
(C) Pro rata fee. If a permit is issued for less than a full permit year, the local permit fee shall be one-twelfth of the annual fee for each month or fraction of a month for which the permit is issued. The City Council may, by ordinance, fix a minimum pro rata local permit fee.
(D) Conditions of approval. It shall be a specific condition of all permits approved by the City Council that the permittee comply with all requirements of law which pertain to the permit. To the extent allowed by law, the City Council may also impose any other reasonable conditions in giving its approval for any permit.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023) Penalty, see § 110.99
(A) The City Council may issue a one-day permit for the consumption and display of intoxicating liquor to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization. The permit must be approved by the Commissioner of Public Safety.
(B) A one-day permit shall be valid only for the day indicated on the permit.
(C) A one-day permit shall be subject to any reasonable conditions imposed by the City Council in granting the permit.
(D) Within the limits established by law, the City Council shall, by ordinance, establish the fee for a one-day permit.
(E) The City Council may not issue more than ten one-day permits in any one year.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023) Penalty, see § 110.99
(A) Any licensed establishment within the city to which an on-sale liquor license has been issued may have an area that is contiguous to the completely enclosed licensed premises included in the area licensed to permit the sale and/or consumption of 3.2% malt liquor or intoxicating liquors in such contiguous area that is not wholly within a completely enclosed building. The licensee must declare its intention to provide outdoor sales and service within the adjacent area and provide proof of liquor liability insurance covering the extended area. The contiguous area shall not be part of a public grounds and such area must be specified as included on the liquor liability insurance certificate. In the event that an existing licensee would like to utilize areas of their real property for special events, the licensee must apply for a limited on-site special event permit.
(B) Each application pursuant to this section shall contain a description of the outdoor area that is proposed to be licensed and shall be accompanied by a drawing of the proposed area to be licensed. Such application shall also include a detailed description of the barriers that will be used, method of seating, ingress and egress arrangements, security provisions, sanitary and fire arrangements, and lighting. The drawing required hereunder must include the dimensions of the area, barriers, tables, aisles, and equipment, and must be drawn proportionately to scale. The drawing shall also include adjacent properties and uses (e.g. residential, commercial). Outdoor live entertainment that will continue beyond 9:00 p.m.; the use of sound producing equipment that will continue beyond 9:00 p.m.; or outdoor events within the licensed area that will continue beyond 9:00 p.m. that require additional off-site parking or includes anticipated attendance of more than 150 people are prohibited except upon approval of a special event permit issued separately by the city and approved by the City Council.
(C) City staff will review such request for seasonal outdoor sales of liquors for suitability of the proposed location in light of applicable fire, building, and life safety codes, zoning ordinances, past performance of the licensee in maintaining order and obeying applicable laws in the licensed outdoor area and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surrounding land, adequacy of lighting, appropriateness of noise level, suitability of ingress and egress arrangements including control of persons entering and leaving for purposes of preventing consumption by minors, and safety arrangements.
(D) An application may be denied based on the following non-exclusive list of factors:
(1) Inability to comply with fire, building, and life safety codes or inability to comply with zoning ordinances;
(2) Occurrences of disorderly conduct;
(3) Demonstrated history or inability to provide safety on the premises;
(4) Adverse impact on surrounding land, inadequate lighting, in appropriate noise levels;
(5) Unsuitable ingress and egress arrangements; and/or
(6) Such other grounds if the city finds that issuing the permit is not in the best interest of the general health, welfare, and safety of the citizenry.
(E) Sales of liquor in approved outdoor locations is limited to the hours and date(s) dictated by the approved permit. Any licensing of premises must be deemed experimental and as such, no expectation must be made by the licensee that the licensing of outdoor areas will be renewed, even though no misconduct occurred in the outdoor area, in the event the City Council determines to repeal the general authorization for seasonal outdoor sales.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023) Penalty, see § 110.99
MUNICIPAL LIQUOR STORE
(A) The municipal liquor store which has been established is hereby continued for the off-sale of intoxicating liquor. It may also sell products as authorized by M.S. § 340A.412, subd. 14, as it may be amended from time to time. It may provide recorded or live entertainment and coin-operated amusement devices for patrons of the dispensary. No retail sale of intoxicating liquor shall be made at off-sale within the city except by the municipal liquor store.
(B) The City Council shall determine the location of the municipal liquor store.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023) Penalty, see § 110.99
(A) The municipal liquor store shall be in the immediate charge of a Liquor Store Manager selected by the City Council. The Manager shall be paid such compensation as is fixed by the City Council. The Manager shall serve at the pleasure of the City Council.
(B) The Manager shall operate the municipal liquor store, subject to the City Council’s direction. The Manager shall perform such duties in connection with the municipal store as the City Council determines.
(C) The Manager shall conduct the municipal store in full compliance with this code and with all requirements of law and of administrative regulation which apply.
(Ord. passed 6-13-2023; Ord. passed 11-14-2023) Penalty, see § 110.99
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