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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
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
(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)
(A) Annual fee. Annual fees for licenses shall be set from time to time by the Council.
(B) Expiration date. All licenses shall expire on December 31 of each year. Except for temporary or special event licenses, each license shall be issued for a period of one year. If a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee.
(C) Refunds. No part of the fee paid for any license issued shall be refunded except in the following instances, upon application to the Council within 30 days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis when operation of the licensed business ceases not less than one month before expiration of the license because of:
(1) Destruction or damage of the licensed premises by fire or other catastrophe;
(2) The licensee’s illness;
(3) The licensee’s death; and/or
(4) A change in the legal status of the city, making it unlawful for the licensed business to continue.
(Ord. 281, passed 6-5-2018) Penalty, see § 110.99
On an initial application for an “on-sale” license, and on the application for transfer of an existing “on-sale” license, the applicant shall pay, with his or her application, an investigation fee of $50, and the city shall conduct a preliminary background and financial investigation of the applicant. The application in case shall be made on a form prescribed by the State Bureau of Criminal Apprehension, and with the additional information as the Council may require. If the Council deems it in the public interest to have an investigation made on a particular application for renewal of an “on-sale” license, it shall so determine. In any case, if the Council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with the Bureau of Criminal Apprehension for the investigation. No license shall be issued, transferred, or renewed if the results show, to the satisfaction of the Council, that issuance would not be in the public interest. If an investigation outside the state is required, the applicant shall be charged the cost, not to exceed $10,000, which shall be paid by the applicant after deducting any initial investigation fee already paid. The fee shall be payable by the applicant whether or not the license is granted.
(Ord. 281, passed 6-5-2018)
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