The City Council is authorized to issue the following licenses and permits, up to the number specified in Section 4-505.
A. 3.2 percent malt liquor on-sale license, which may be issued only to golf courses, restaurant, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks.
B. 3.2 percent malt liquor off-sale license.
C. Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization for a maximum of 30 days.
D. Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off-sale license which was first issued on or before May 1, 1994. The fee for an off-sale intoxicating liquor license established by the Council under Section 4-508 shall not exceed $100 or a greater amount which may be permitted by Minnesota Statutes § 340A.408, subd. 3, as it may be amended from time to time.
E. On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by Minnesota Statutes § 340A.101, as it may be amended from time to time, and this ordinance: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans organizations, theaters and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under Section 4-508 of this ordinance shall not exceed the amounts provided for in Minnesota Statutes § 340A.408, subd.2b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the City under the provisions of the Minnesota Statutes § 340A.404, subd.4b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the City, under the provisions of Minnesota Statutes § 340A.404, subd.4a, as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises.
F. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in Section 4-502 of this ordinance, club, bowling center, or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license, which shall be established by the Council under the provisions of Section 4-508 of this ordinance, shall not exceed $200, or the maximum amount provided by Minnesota Statutes § 340A.504, subd. 3C, as it may be amended from time to time.
G. Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than four consecutive days, and the City shall issue no more than 12 days worth of temporary licenses to any one organization in one calendar year.
H. On-sale wine licenses, with the approval of the Commissioner of Public Safety to: theaters, restaurants that have facilities for seating at least 25 guests at one time and meet the criteria of Minnesota Statutes §304A.404, subd. 5, as it may be amended from time to time, and which meet the definition of restaurant in Section 4-502; to licensed bed and breakfast facilities which meet the criteria in Minnesota Statutes §340A.401, subd. 1, as it may be amended from time to time and to theaters that meet the criteria of Minnesota Statutes § 340A.404(b), as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of Section 4-508 of this ordinance shall not exceed one half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with content over 3.2 percent (strong beer) without an additional license.
I. One day consumption and display permits with the approval of the Commissioner of Public Safety to a nonprofit organization in conjunction with a social activity in the City sponsored by the organization.
J. Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety. The maximum amount of the additional fee which may be imposed by the Council on a person who has been issued a consumption and display permit under the provisions of Section 4-508 of this ordinance shall not exceed $300, or the maximum amount permitted by Minnesota Statutes § 340A.14, subd. 6 as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year.
K. Culinary class limited on-sale licenses may be issued to a business establishment not otherwise eligible for an on-sale intoxicating liquor license that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation is required. The license authorizes that licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or 12 ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only.
L. Temporary off-sale wine licenses, with the approval of the commissioner of Public Safety, may be issued for the off-sale of wine at an auction. A license issued under this subdivision authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three consecutive days provided not more than 600 cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by Section 4-508.
M. Brew pub on-sale intoxicating liquor or on-sale 3.2 percent malt liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at Minnesota Statutes § 340A.301 subd. 6(d) and 7(b), as it may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per year. If a brew pub licensed under this section possesses a license for off-sale under Section 4-507 (N) below, the brew pub’s total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
N. Brewer off-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to a brewer that is a licensee under Section 4-507 (M) above or that produces fewer than 3,500 barrels of malt liquor in a year and other meets the criteria established at Minnesota Statutes § 340A.301, subd. 6(d) and 7(b)), as it may be amended from time to time. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the City. Malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by Minnesota Statutes § 340A.301, subd. 7, as it may be amended from time to time. Sales under this license may not exceed 500 barrels per year. If a brewer licensed under this section possesses a license under Section 4-507 (M) above, the brewer’s total retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
O. Brewer temporary on-sale intoxicating liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer.
P. Sales after 1:00 a.m., no licensee may sell intoxicating liquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has obtain a permit from the commissioner. Application for the permit must be on a form the Commissioner of Public Safety prescribes. Permits are effective for one year from date of issuance. For retailers of intoxicating liquor, the fee for the permit is provided in Minnesota Statutes § 340A.504.
[Section 4-507 added by Ord. 07-05, effective December 20, 2007, amended by Ord. No. 09-04, effective March 19, 2009, Section 4-507(H) amended by Ord. No. 15-04, effective September 10, 2015.]