Section
112.01 Adoption of state law by reference
112.02 City may be more restrictive than state law
112.03 Definitions
112.04 Nudity on licensed premises prohibited
112.05 Consumption in public places
112.06 Licenses; applications, fees, investigations
112.07 Types of intoxicating liquor licenses
112.08 Types of 3.2% malt liquor licenses
112.09 Conditions of licensing
112.10 Hours and days of sale
112.11 Sale and possession on public sidewalks
112.99 Penalty
(A) The provisions of M.S. Ch. 340A, as they may be amended from time to time, are hereby adopted by reference and are made a part of this chapter as if set out in full.
(B) It is the intention of the City Council that all future amendments to M.S. Ch. 340A are adopted.
(Ord. 2011-02, passed 8-22-2011)
The Council is authorized by the provisions of M.S. § 340A.509, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on the possession, sale and consumption of alcoholic beverages within its limits beyond those contained in M.S. Ch. 340A, as they may be amended from time to time.
(Ord. 2011-02, passed 8-22-2011)
Unless the context clearly indicates otherwise, the words, combination of words, terms and phrases used in this chapter shall have the meanings set forth in M.S. Ch. 340A, as it may be amended from time to time, and in this section. In addition to the definitions in M.S. § 340A.101, as it may be amended from time to time, the following terms are defined for purposes of this chapter.
BREW PUB. A brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in M.S. § 340A.24, subd. 2, as it may be amended from time to time.
INTEREST. Any pecuniary interest in the ownership (of 10% or greater), operation, management or profits of a retail liquor establishment, and a person who receives money from time to time directly or indirectly from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary interest in the license.
LIQUOR. Without modification by the words “intoxicating” or “3.2% malt”, includes both intoxicating liquor and 3.2% malt liquor.
RESTAURANT. Includes a food and beverage establishment licensed by the state.
(Ord. 2011-02, passed 8-22-2011; Ord. 2015-01, passed 6-29-2015)
(A) (1) The City Council finds it in the best interests of the public health, safety and general welfare of the people of the City that certain types of activities are prohibited as provided in this section upon the premises of licensed liquor, wine and 3.2% malt liquor establishments so as to best protect and assist the owners and operators and employees of these premises, as well as patrons and the public in general.
(2) The Council also finds that the standard set forth in this section reflect the prevailing community standards of the City.
(3) The provisions of this section are intended to prevent harm stemming from the physical immediacy and combination of alcohol, nudity and sex.
(4) The Council also intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conducts, including prostitution, sexual assault and disorderly conduct.
(B) It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have his or her buttocks, anus, breast and genitals covered with a non-transparent material.
(Ord. 2011-02, passed 8-22-2011) Penalty, see § 112.99
No person shall consume intoxicating liquor, wine or 3.2% malt liquor or have in his or her possession an open container containing an alcoholic beverage in a public park, on any public street, sidewalk, parking lot or alley or in any public place other than on the premises of an establishment licensed under this chapter, unless the City Council has authorized the consumption in a designated area in advance by Council resolution; or the City Administrator has given prior written approval pursuant to a park shelter rental agreement.
(Ord. 2011-02, passed 8-22-2011; Ord. 2022-02, passed 2-28-2022)
Penalty, see § 112.99
(A) License required.
(1) It is unlawful for an person directly or indirectly, on any pretense or by any device, to manufacture, import, sell, exchange, barter, dispose or keep for sale any intoxicating liquor or 3.2% malt liquor as part of a commercial transaction, whether directly or indirectly, without first having obtained a license therefor.
(2) The number of on-sale licenses shall be limited to the number allowed under M.S. § 340A.413, as it may be amended from time to time.
(3) Not more than five off-sale licenses shall be granted at any one time.
(B) Applications for license.
(1) General. Every application for a license issued under this chapter, new or renewal shall be on a form provided by the City. The application form shall be completed by the applicant to the satisfaction of the City. If the application form is not completed to the satisfaction of the City, the form and the application fee shall be returned by the City to the applicant. Every application shall state the name of the applicant, the applicant’s date of birth, driver’s license number or other government approved identification (subject to review and approval of the City), with references as the City may require, the type of license applied for the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is the owner and operator of the business, who will manage the business, how long the applicant has been in that business at that place and any other information as the City may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required by this section. The form shall be verified and filed with the City. No person shall make a false statement in an application.
(2) Financial responsibility. No license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility as required by 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. The proof shall be approved by the City Council and filed with the Commissioner of Public Safety.
(C) License fees.
(1) Fee. The annual fee for all licenses shall be established by § 34.01 of this code of ordinances.
(2) Time of payment. All license fees shall be paid in full at the time of filing the application for a license under this chapter.
(3) Term; pro rata fee. All license fees shall expire on June 30 of each year. Each license shall be issued for a period of one year; except that, 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. In computing the fee, any unexpired fraction of a month shall be counted as one month.
(4) Refunds. Pro rata refunds of license fees shall be permitted as authorized by M.S. § 340A.408, subd.5, as it may be amended from time to time; except that, no part of the investigation fee is refundable.
(5) Failure to pay. Failure to pay any required license fee automatically terminates the license and it may only be reinstated after a hearing before the Council.
(6) Changes in fee. Any change of a license fee shall take effect immediately for new licenses, but for renewal licenses, the fee shall take effect at the expiration of the current license year in which the new fee was approved.
(D) Investigation.
(1) The Council shall cause an investigation to be made of all the representations set forth in a license application under this chapter. Every new or renewal application or application for transfer of a license shall be referred to the City’s Police Department for investigation of each individual or person having any interest in the license.
(2) The Police Department shall make necessary inquiry and list all violations of federal and state law or municipal ordinance, including verified complaints that occurred at the establishment being investigated while under the same ownership. The findings and comments of the investigation shall be reported to the City Administrator, who shall order or conduct additional investigations as are deemed necessary or as the Council directs.
(3) Each application for a new license or renewal of a previously issued license shall be investigated as is deemed necessary by the Fire Chief and/or Building Official to establish that the business operation and structure to be licensed is in full compliance with all building and fire codes, laws and regulations of the state and the City. No license shall be issued until the proposed operation and premises is found to be in full compliance with building and fire codes, laws and regulations.
(E) Granting license.
(1) Persons and places ineligible. No license shall be granted to or held by any person or issued for any place or business that is ineligible for such a license under state law. The City Council shall not grant a license until the premises at issue has received a certificate of occupancy.
(2) Hearing. No license shall be granted until a public hearing shall have been conducted by the Council at least ten days after published notice in the official newspaper, unless the license shall be a renewal of a license previously granted at the same location to the same licensee. The City Council shall give an opportunity at a regular or special meeting of the Council to any person to be heard for or against the granting of a license.
(3) Council discretion. The Council, in its sound discretion, may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this chapter.
(F) Transfer of intoxicating liquor or wine license.
(1) Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license. In all cases where the approval of the Council is required, a new application, new investigation, new license fee and a new processing pursuant to this chapter is required. The failure to obtain prior Council approval or to produce books or other records in compliance with this chapter is grounds for immediate revocation of the license.
(2) Each corporate licensee having a change in ownership of 10% or more of the stock of the corporation shall report to the Clerk-Treasurer within ten days prior to each and any proposed change of legal ownership or beneficial interest in any of the shares of stock.
(a) The report shall be in writing and list all shareholders, their age, occupation, residence address and the number of shares held by each, whether individually or for the benefit of others.
(b) The report shall include all powers of attorney for proxies granted that relate to the voting of the corporate shares of stock.
(G) Transfer of 3.2% malt liquor license. A 3.2% malt liquor license is non-transferable with regard to the licensee or location of premises licensed.
(H) Suspension and revocation.
(1) The City Council shall either suspend for a period not to exceed 60 days or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to liquor. Neither the charging of a criminal violation nor a criminal conviction is required in order for the Council to suspend or revoke a license. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to M.S. §§ 14.57 to 14.69, the Administrative Procedures Act, as they may be amended from time to time. The Council may act as the hearing body, or it may contract with the state’s Office of Administrative Hearings or other appropriate agency for a Hearing Officer.
(2) Lapse of required dram shop insurance or bond, or withdrawal of required deposit of cash or securities, shall affect an immediate suspension of any license pursuant to this chapter without any action of the City Council. Notice of cancellation, lapse of a current liquor liability policy or bond, or withdrawal of deposited cash or securities shall also constitute notice to the licensee to the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or bond, or withdrawal of a required deposit, or of suspension or revocation of a license, may request a hearing thereon and, if a request is made in writing to the Clerk-Treasurer, a hearing shall be granted within ten days or a longer period as may be requested. Any suspension under this division (H)(2) shall continue until the City Council determines that the financial responsibility requirement of this chapter has again been met.
(Ord. 2011-02, passed 8-22-2011)
(A) License categories. Licenses for intoxicating liquor shall be of the following categories, which license shall be granted only for the purposes permitted by state statutes and limited by this chapter:
(1) On-sale intoxicating liquor, which may be issued only to restaurants, hotels, bowling centers, clubs and exclusive liquor stores and shall permit the sale and consumption of alcoholic beverages on the licensed premises only. Club licenses may be issued only with the approval of the Commissioner of Public Safety;
(2) On-sale wine licenses, with the approval of the Commissioner of Public Safety: to restaurants that have facilities for seating at least 25 guests at one time and meet the criteria of M.S. § 340A.404, subd. 5, as it may be amended from time to time; to licensed bed and breakfast facilities which meet the criteria of M.S. § 340A.401, subd. 1, as it may be amended from time to time; and to theaters which meet the criteria of M.S. § 340A.404(b), as it may be amended from time to time. The holder of an on-sale wine license who also holds an on-sale 3.2% malt liquor license is authorized to sell malt liquor with the content over 3.2% (strong beer) without an additional license;
(3) Sunday on-sale intoxicating liquor licenses, which may be issued only to a restaurant, bowling center, club or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license and which serves liquor in conjunction with the service of food. The hours for Sunday sales shall be as allowed under M.S. § 340A.504, as it may be amended from time to time;
(4) Off-sale intoxicating liquor, which may be issued only to exclusive liquor stores;
(5) Brew pub on-sale intoxicating liquor or on sale 3.2% malt liquor licenses, which may be issued to a brew pub for a restaurant operated in the place of manufacture;
(6) Brew pub off-sale licenses, which may be issued to a brew pub that holds an on-sale license, with the approval of the Commissioner of Public Safety, for off-sale of malt liquor produced and packaged on the licensed premises. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores and the malt liquor sold must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. Packaging of malt liquor for off-sale must comply with M.S. § 340A.285, as it may be amended from time to time;
(7) Small-brewer off-sale intoxicating liquor licenses, which may be issued to a brewer licensed under M.S. § 340A.301, subd. 6, clause (c), (i) or (j), as they may be amended from time to time, for off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the Commissioner of Public Safety. Off-sale of malt liquor is 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, except that malt liquor in growlers only may be sold at off-sale on Sundays. Packaging of malt liquor for off-sale must comply with M.S. § 340A.285, as it may be amended from time to time. The amount of malt liquor sold at off-sale may not exceed 500 barrels annually. No license may be used under this section to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually;
(8) 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 non-profit 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 any calendar year;
(9) Combination on-sale/off-sale intoxicating liquor licenses;
(10) Culinary class limited on-sale license may be issued to a business establishment that meets the criteria of M.S. § 340A.4041, as it may be amended from time to time;
(11) Temporary off-sale wine license, with the approval of the Commissioner of Public Safety, for the off-sale of wine at an auction. A license issued under this division (A)(11) authorizes the sale of only vintage wine of a brand and vintage that is not commonly offered by sale by any wholesaler in the state. The license shall not authorize the off-sale of wine for more than three consecutive days; provided, not more than 600 cases of wine are sold at auction;
(12) Brewer taproom license, may be issued to the holder of a brewer’s license under M.S. § 340A.301, subd. 6, clauses (c), (i) or (j), as they may be amended from time to time, for the on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer taproom license may not issue to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. A brewer taproom may be open and may conduct on-sale business on Sundays;
(13) Small brewer or microdistillery temporary on-sale intoxicating liquor license, with the approval of the Commissioner of Public Safety, to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year or a microdistillery, for the on-sale of intoxicating liquor in connection with a social event with the City sponsored by the brewer or microdistillery; and
(14) Microdistillery cocktail room license, which may be issued to issued to the holder of a microsdistillery license under M.S. § 340A.22, as it may be amended from time to time, for the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller.
(B) Community festivals. Any licensee authorized to sell intoxicating liquor, wine and/or 3.2% malt beverage may also dispense the alcoholic beverages off the licensed premises at a community festival held within the City, if approved by resolution of the City Council. The licensee must specify the area in which the alcoholic beverages must be dispensed and consumed, and shall demonstrate that it has liability insurance that covers the event, as prescribed by M.S. § 340A.409, as it may be amended from time to time.
(Ord. 2011-02, passed 8-22-2011; Ord. 2015-01, passed 6-29-2015)
Licenses for 3.2% malt liquor shall be of the following categories, which license shall be granted only for the purposes permitted by state statutes and limited by this chapter:
(A) On-sale license;
(B) Off-sale license; and
(C) Temporary 3.2% malt liquor license.
(Ord. 2011-02, passed 8-22-2011)
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