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(a) No license shall be granted or renewed for operation on any premises on which state, city, county,
district taxes, assessments, or other financial claims are past due, delinquent, or unpaid. The City Council may on application waive strict compliance with this provision if the applicant has commenced a suit under M.S. §§ 278.01 through 278.13, as amended, questioning the amount or validity of taxes. The City Council shall not grant a waiver for taxes which remain unpaid for a period exceeding one year after becoming due.
(b) No license shall be granted or renewed if the property on which the business is to be conducted is owned by a
who is ineligible for a license under § 13.14, except that a property owner who is a
or who has been convicted of a crime, other than a violation of M.S. §§ 340A.101 through 340A.907, as amended, shall not make the premises ineligible under this subsection (b).
(c) No
license under this code shall be granted to a
that does not have a dining area, exclusive to the establishment and open to the general public, with a total minimum floor area of 750 square feet.
(d) No license under this code shall be granted to any license holder that has a common entrance or exit between the area in which
will be sold and any other business or establishment. A
or
shall not be construed as a common entrance or exit for purposes of this subsection (d).
(e) No
license under this code shall be granted to any location within 300 feet of a
or a
. In the case of a
, the distance shall be measured in a straight line from the proposed
lot line to the nearest point of the lot on which the
is located. In the case of a
, the distance shall be measured in a straight line from the proposed
lot line to the nearest point of the
building. For
license holders located in shopping centers, the distance shall be measured from the main entrance of the
. A location for which a license was granted in 1989, or lawfully granted thereafter, and at which a license holder has been in continuous operation, is not ineligible for a license by reason of proximity to a
or a
.
(Ord. 2020-2, passed 2-24-2020)
(a) No license under this chapter may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by M.S. § 340A.801, as amended. The minimum requirement for proof of financial responsibility may be given by submitting:
(1) A certificate that there is in effect for the license period an insurance policy issued by an insurer required to be licensed under M.S. § 60A.07, subd. 4, as amended, or by an insurer recognized as an eligible surplus line carrier pursuant to M.S. § 60A.206, as amended, or pool providing at least $500,000 of coverage because of bodily injury to any one
in any one occurrence, $1,000,000 because of bodily injury to two or more
in any one occurrence, $500,000 because of injury to or destruction of property of others in any one occurrence, $500,000 for loss of means of support of any one
in any one occurrence and $1,000,000 for loss of means of support of two or more
in any one occurrence; or
(2) A bond of a surety company with minimum coverages as provided in subsection (a)(1) above.
(b) Nothing in this section shall prohibit an insurer from providing the coverage required by subsection (a)(1) above in combination with other insurance coverage.
(c) An annual aggregate policy limit for dram shop insurance of not less than $1,000,000 per policy year may be included in the policy provisions.
(d) A liability insurance policy required by subsection (a) above must provide that it may not be canceled for:
(1) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given 60 days’ notice in writing to the
of intent to cancel the policy; and
(2) Nonpayment of premium unless the canceling party has given ten days’ notice in writing to the
of intent to cancel the policy.
(e) Affidavits. Subsection (a) above does not apply to licenses, who by affidavit, establish that they are holders of:
(1)
or
licenses with
of less than $25,000 in the preceding year; or
(2)
license with
of less than $50,000 in the preceding year.
(Ord. 2020-2, passed 2-24-2020)
All licenses issued pursuant to this chapter are subject to the following restrictions:
(a) An
license must be posted in a visible place in the
.
(b) No one under the age of 18 years shall
or serve
. No
license holder shall employ anyone under the age of 18 years.
(1) An
license holder may employ someone under the age of 18 years, provided that
does not
or serve
and the employment of that
does not violate any state or federal child labor law or regulation.
(c) No
license holder shall
for
consumption, with the exception of a properly licensed
, , or .
(d) No
license holder shall
for
consumption. Except an
license holder may provide samples of
,
, liqueurs, cordials and
which the license holder currently has in stock and is offered for
to the general public. The samples must be dispensed at no charge and consumed on the
during the permitted hours of
, in a quantity less than 100 milliliters of
per variety per customer, 50 milliliters of
per variety per customer, and 25 milliliters of liqueur or cordial, and 15 milliliters of
per variety per customer.
(e) No
license holder shall deliver any
to a
without getting a receipt signed by the
receiving the
. The receipt shall detail the time, date, and place of delivery. The receipt shall be kept by the
license holder for a period of one year.
(f) No
of
shall be made in guest rooms of
unless the
has an
license.
(g) A license holder may prohibit any
from bringing into the
any container of
, or from consuming such a container on the
without the license holder’s permission.
(h) An
license holder shall not discriminate against its members in violation of M.S. §§ 363A.11 and 363A.17, as amended.
(i) A license holder shall be responsible for the conduct of the business being operated and shall maintain conditions of sobriety and order on the
.
(j) As a condition of the license, the
, the City Police Department, those authorized under § 1.06 of this code to issue citations for a violation of the city code, or any other
designated by the City Council, shall have the right to conduct compliance checks and to enter, inspect, and search the
without a search and seizure warrant during the hours of operation. The business records of the license holder, including income tax returns, shall be available for inspection during the hours of operation.
(k) Coin-operated amusement devices may not be made available in establishments holding an
license under § 13.03.
license holders are permitted to have coin- operated amusement devices.
(l) A holder of an
license may not store any
at any location other than the
except with the written permission of the Commissioner of Public Safety pursuant to M.S. § 340A.412, subd. 12, as amended.
(m) A license holder shall post and maintain in a visible place in the
: one sign 14-1/2 inches wide by 8 inches high, as designed by the Commissioners of Health and Public Safety, which incorporates the following information:
(1) The penalties of driving while under the influence of alcohol;
(2) Penalties for serving
to a
who is obviously intoxicated or under 21 years of age; and
(3) A warning statement regarding drinking alcohol while pregnant.
(n) If the
grants an
license holder to temporarily amend the license premises for a special event, the temporarily
must:
(1) Be in a compact and
area and immediately adjacent to the
;
(2) The special event may not last more than three days and the licensed holder may not have more than three special events in a calendar year.
special event license issued to a
that contracts with the licensed holder counts as part of this total.
(o) A license holder must comply with the Minnesota Clean Air Act, M.S. §§ 144.411 through 144.417, as amended.
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