The provisions of M.S. Chapter 340A, as it may be amended from time to time, relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this section as if set out in full.
Subd. 1. General Requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the city any intoxicating liquor without a license to do so as provided in this section. Liquor licenses shall be of four kinds: “on-sale,” “on-sale wine,” club licenses, and special Sunday liquor licenses.
Subd. 2. On-Sale Intoxicating Licenses. “On-sale” licenses shall be issued only to hotels, clubs, and restaurants and shall permit the sale of liquor only for consumption on the licensed premises. “Restaurant” means any building, structure, or area used as, maintained as, advertised as, or held out to the public for food and beverage service, whether the establishment serves alcoholic or non-alcoholic beverages, which operates from a location for more than 21 days annually.
Subd. 3. On-Sale Wine Licenses. “On-sale wine” licenses shall be issued only to restaurants meeting the qualifications of M.S. § 340A.404, subd. 5, as it may be amended from time to time, and shall permit only the sale of wine not exceeding 14% alcohol by volume, for consumption on licensed premises only, in conjunction with the sale of food. The holder of an on-sale wine license who is also the holder of an on-sale 3.2% malt liquor license, whose gross receipts are at least 60% attributable to the sale of food, may sell intoxicating malt liquor without an additional on-sale intoxicating liquor license meeting the qualifications of M.S. § 340A.404, subd. 5, clause b, as it may be amended from time to time.
Subd. 4. Special Club Licenses. Special club licenses shall be issued only to incorporated clubs which have been in existence for 15 years or more or to congressionally chartered veterans’ organizations which have been in existence for ten years and shall permit the sale of intoxicating liquor only to members and bonafide guests for consumption on the licensed premises only.
Subd. 5. Special Sunday Liquor License. Special license for Sunday sales shall be issued only to establishments holding an on-sale intoxicating liquor license, a wine license, or a brewpub license as provided by Subd. 2, 3, and 6. The Sunday license shall be effective only if food is served in conjunction with the service of alcoholic beverages and the establishment provides for seating for a minimum of 30 guests. The permitted hours of sale shall be 8:00 a.m. to 12:00 a.m. A special license authorizing sales on Sunday may be issued to a license holder of an on-sale brewer taproom license for the operation of a taproom on Sundays in compliance with state law. The permitted hours of Sunday on-sale shall be 8:00 a.m. to 12:00 a.m.
Subd. 6. Brewpub License. Brewpub licenses shall be granted only to a brewery licensed under M.S. § 340A.301, subd. 6, clause (d), as it may be amended from time to time. A brewpub license authorizes on-sale of intoxicating liquor or 3.2% malt liquor for a restaurant operated in the place of manufacture.
(Ord. 2013-04, passed 12-11-2013)
Subd. 1. Form. Every application for a license to sell liquor shall state the name of the applicant, his or her age, representations as to his or her character, with such references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he or she has been in that business at that place, and such other information as the Council may require from time to time. In addition to containing such information, the application shall be in the form prescribed by the Department of Public Safety and shall be verified and filed with the City Administrator. No person shall make a false statement in an application.
Subd. 2. Approval of Security. The security offered under Subd. 3 below shall be approved by the City Council and in the case of applicants for “on-sale wine” licenses by the State Department of Public Safety. Liability insurance policies shall be approved as to form by the City Attorney. Operation of a licensed business without having a file with the city at all times effective security as required by Subd. 3 below shall be cause for revocation or suspension of the license.
Subd. 3. Liability of Insurance. Prior to the issuance of a liquor license, the applicant shall file with the City Administrator a liability insurance policy in the minimum amount of $50,000 coverage for one person and $100,000 coverage for more than one person and shall comply with the provisions of M.S. § 340A.409, as it may be amended from time to time, relating to liability insurance policies.
Subd. 1. Fees.
1. The annual fee for a liquor license shall be as set in the fee schedule adopted from time to time by the Council.
2. The applicant shall pay an investigation fee as set in the fee schedule from time to time by the Council.
Subd. 2. Payment. Each application for a license shall be accompanied by a receipt from the Finance Director for payment in full of the license fee. All fees shall be paid into the General Fund. If an application for a license is rejected, the Finance Director shall refund the amount paid.
Subd. 3. Term, Pro Rata Fee. Each license shall be issued for a period of one year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of March.
Subd. 4. Refunds. No refund of any fee shall be made except as authorized by statute.
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