(A) It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of wine on-sale, as part of a commercial transaction, without a license therefor from the city. On-sale wine licenses shall be issued 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 meeting the criteria of M.S. § 340A.404(5), as it may be amended from time to time, and which meet the definition of restaurant in § 115.01; to licensed bed and breakfast facilities which meet the criteria of M.S. § 340A.401(1), as it may be amended from time to time, and as otherwise provided in this city code; and to theaters, if not otherwise precluded herein, that meet the criteria of M.S. § 340A.404(B) as it may be amended from time to time.
(B) The fee for an on-sale wine license shall be established by the Council from time to time, but shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license.
(C) 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 a content over 3.2% (strong beer) without an additional license.
(D) This section shall not apply to: sales by manufacturers to wholesalers duly licensed as such by the Commissioner; sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the city; sales by wholesalers to persons holding on-sale wine licenses from the city; or sales by on-sale liquor licensees on days and during hours when on-sale liquor sales are permitted.
(2003 Code, § 5.60) (Ord. 156, passed 1-3-2011) Penalty, see § 10.99