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§ 110.06 CONDITIONS OF OPERATION; RESTRICTION OF CONSUMPTION.
   (A)   No business other than the sale of liquor off-sale shall be carried on in the dispensary, except the retail sale of cigars, cigarettes, all forms of tobacco, a off-sale beer, and soft drinks.
   (B)   No person shall keep, possess, or operate, in any part of the dispensary, any slot machine, dice, or other gambling device, or permit the same to be kept or used. No person shall gamble on the premises, and no gambling of any character shall be permitted thereon.
   (C)   No liquor or beer, or other merchandise, shall be sold on credit.
   (D)   No minor shall be permitted to remain on the dispensary premises.
   (E)   No liquor or beer shall be sold or served to a minor, directly or indirectly.
   (F)   No minor shall misrepresent his or her age for the purpose of obtaining liquor or beer.
   (G)   No liquor or beer shall be sold to an intoxicated person.
   (H)   The dispensary shall be inspected by the Health Officer of the city at least once each six months, and as many other times as he or she deems necessary to ensure that the premises are maintained in a sanitary condition.
(Ord. 67, passed 6-7-1967) Penalty, see § 110.99
§ 110.07 ENFORCEMENT.
   It shall be the duty of all police officers and constables of the city to enforce the provisions of this subchapter, and to search premises and seize evidence of law violation, and preserve the same as evidence against any person alleged to be violating this subchapter, and to prepare the necessary processes and papers therefor.
(Ord. 67, passed 6-7-1967)
LIQUOR REGULATIONS; LICENSING, SALES, DISTILLERIES
§ 110.20 PROVISIONS OF STATE LAW ADOPTED.
   (A)   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, financial responsibility of licensees, hours of sale, exceptions to permits or license requirements, and all other matters pertaining to the retail sale, distribution, and consumption of alcoholic beverages, are adopted and made a part of this subchapter as if set out in full. To the extent that state law authorizes a city to, by ordinance, provide for the issuance of a license or permit for any particular establishment or activity, this subchapter shall be deemed to grant the city that authority.
   (B)   The city has established (by §§ 110.01 through 110.07), and currently operates, a municipal liquor store. The city issues private liquor licenses pursuant to state law and voter approval of “split liquor”. Under the statutory restrictions for split liquor, the city does not have authority to issue licenses to exclusive liquor stores, but only to hotels, clubs, and restaurants, as these businesses are defined by state law.
(Ord. 281, passed 6-5-2018)
§ 110.21 LICENSE OR PERMIT REQUIRED.
   No person, except those authorized by state license or permit, or those expressly exempted by state law, shall directly or indirectly, on any pretense or by any device, barter, deal in, sell, keep for sale, charge for possession, or otherwise give, provide, or dispose of any alcoholic beverage as part of a commercial transaction without first having received a license or permit to do so as provided in this subchapter.
(Ord. 281, passed 6-5-2018) Penalty, see § 110.99
§ 110.22 LICENSE APPLICATION.
   Every application for a license to sell liquor shall be verified and filed with the City Administrator. Each application for a license shall be in the form prescribed by the state or city. No person shall make a false statement in an application.
(Ord. 281, passed 6-5-2018) Penalty, see § 110.99
§ 110.23 FINANCIAL RESPONSIBILITY.
   (A)   No license or permit may be issued, maintained, or renewed unless the applicant or licensee demonstrates proof of financial responsibility as defined in M.S. § 340A.409, as it may be amended from time to time, with regard to liability under M.S. § 340A.801, as it may be amended from time to time.
   (B)   All applications for initial and renewal licenses shall be accompanied by proof of any statutorily required surety bond, workers compensation, and liability insurance.
   (C)   The city shall be named as an additional insured on all policies, and all policies must provide that they will not be cancelled or suspended without 30 days’ prior written notice being provided to the city. Failure to maintain the required insurance shall immediately cause any issued license or permit to be suspended without further action of the city. Alcoholic beverages may not be sold or provided at any time the statutorily required insurance is not valid.
(Ord. 281, passed 6-5-2018)
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