(A) A temporary license for the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee may be issued to a club or charitable, religious, or other nonprofit organization in existence for at least three years as set forth in this section.
(B) The license may authorize the on-sale of intoxicating liquor for not more than four consecutive days, and may authorize on-sales on premises other than the premises the licensee owns or permanently occupies. No more than 3 four-day, 4 three-day, 6 two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per year to any one organization or for any one location, within a twelve month period. No more than one temporary license to any one organization or for any one location within any 30-day period. Temporary on-sale licenses are only valid for the dates, times and locations specifically stated on the license.
(C) The license may provide that the licensee may contract for intoxicating liquor catering services with the holder for a full-year on-sale intoxicating liquor license issued by the municipality.
(1) Name and address of club/church.
(2) Full legal name of person in charge of event if not applicant, spouse’s full legal name if applicable; date of birth, residence street address and length of time at that address of person in charge and spouse; and any other information deemed necessary by the City Council or issuing authority.
(3) Site plan of the area where sales will occur indicating the size, location and nature of the premises planned to be used along with a depiction of its relationship to the adjacent premises.
(4) Certificate of incorporation.
(5) Statement from property owner granting permission to applicant for use of the premises on which the stated activity is proposed.
(6) Executed signature of an officer of the club/church.
(E) All applications shall be referred to the Chief of Police. The Chief of Police or his designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a driver’s license history inquiry as recorded by the State Department of Public Safety on the applicant. The application shall also be referred to the Chief of the Fire Department, the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the City Council, at which time the application for a license shall be considered. Opportunity shall be given to any person to be heard for or against the granting of the license at a public hearing.
(F) The Council may accept or reject the license application in its discretion upon completion of the public hearing, subject to the following criteria:
(1) No license shall be issued to any organization whose applicant has been convicted of a felony or any violation of any law of this state or local ordinance related to the sale, manufacture or transportation of beer, wine or intoxicating liquor.
(2) No license shall be issued unless the applicant has first paid a license fee in an amount set by resolution of the Council. In the absence of a resolution, the license fee shall be $100 per day or portion thereof. No license will be issued unless at the time of application the applicant has paid a non-refundable investigation fee as set by City Council resolution. Where all applicants are in-state, the investigation fee will be $500; where any applicants are out of state, the investigation fee shall be $2,000. If the investigation fee for in-state or out-of-state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the applicant(s). If the organization holds an existing annual liquor license, an investigation fee need not be collected. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. In any case, the investigation fee will be non-refundable.
(G) Licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions:
(1) No licensee or his or her agent may sell or permit the sale of intoxicating liquor licensed to be sold under this section between the hours of 2:00 a.m. and 8:00 a.m. on days Monday through Saturday, nor between the hours of 2:00 a.m. and 10:00 a.m. on Sunday. No licensee or their agent or any other person shall consume or allow to be consumed on the licensed premises any intoxicating liquor between the hours of 2:00 a.m. and 8:00 a.m. Should the Council decide to additionally restrict the hours of sale in granting the license, no licensee or their agent may sell or permit the sale of intoxicating liquor at any time not specifically allowed in such license.
(2) All licensees under this section shall allow the business premises to be inspected by police or health officials at any time during which the premises are open to the public. Business hours shall be deemed any time when licensee or employees are present on the premises. Refusal to permit such inspection is a violation of this section and grounds for revocation of license.
(3) All sales and consumption of intoxicating liquor must be in a separated and confined area.
(4) No licensee shall permit 18, 19, or 20 year old persons to remain on the premises unless to perform work for the establishment including the sale or serving of alcoholic beverages.
(5) No intoxicating liquor shall be sold or furnished or delivered to any obviously intoxicated person or to any person to whom sale is prohibited by state law.
(6) No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among activities prohibited by this section.
(H) (1) At the time of filing an application for any temporary on-sale intoxicating liquor license, the applicant shall file with the Clerk proof of financial responsibility for liability. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution. The licensee and the city shall be named as joint insured on the liability insurance policy. The policy shall be effective for the entire license term. The location of the event and date of the event must be indicated on the certificate of insurance.
(2) Proof of financial responsibility may be provided by supplying to the Clerk any of the following items:
(a) A certificate that there is in effect for the license period an insurance policy providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or
(b) A bond of a surety company with minimum coverages as provided in subdivision (a) above; or
(c) A certificate of the State Treasurer that the licensee has deposited with that office $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000.
(I) Any liability insurance required by this section 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 30 days’ notice in writing to the issuing authority of intent to cancel the policy; and
(2) Nonpayment of premium unless the canceling party has first given ten days’ notice in writing to the issuing authority of intent to cancel the policy.
(J) The operation of a temporary on-sale intoxicating liquor license without having on file at all times with the city the liability insurance policy or other evidence of financial responsibility required herein shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage.
(K) Licenses under this section are not valid unless first approved by the State of Minnesota Commissioner of Public Safety.
(L) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as per state statute.
(`77 Code, § 5.510) (Am. Ord. 1149, passed 6-22-87; Am. Ord. 1419, passed 9-25-00; Am. Ord. 1482, passed 3-28-05; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27-17; Am. Ord. 1640, passed 6-12-17; Am. Ord. 1669, passed 9-13-21)