(A) No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if the permit be required under the laws or the state.
(B) No person under the age of 18 years shall be employed upon premises or in any rooms constituting the same, except that persons under the age of 18 years may be employed as musicians or to perform the duties of a busboy or dishwashing services in a place defined as a restaurant or hotel.
(C) No licensee shall sell, offer for sale, or keep for sale liquor in any original package which has been refilled or partly refilled.
(D) No licensee shall display liquor to the public during hours when the sale of liquor is prohibited.
(E) No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be granted for any building within 300 feet of any of the above listed uses when the proposed license premises and listed uses are located within the same zoning district and planned commercial development.
(F) On-sale licenses shall be granted only to hotels, traditional restaurants and clubs. This section shall not apply to on-sale licenses that were valid on the effective date of this chapter.
(G) State law establishes the number of liquor licenses that a city may issue. However, the number of licenses which may be granted under this chapter is limited to the number of licenses which were issued as of the effective date of this chapter, even if a larger number of licenses are authorized by law or election. The Council in its sound discretion may provide by ordinance that a larger number of licenses may be issued up to the number of licenses authorized by M.S. Chapter 340A, as it may be amended from time to time. If a larger number of licenses in a particular category has been authorized by a referendum held under the provisions of M.S. § 340A.413, Subd. 3, as it may be amended from time to time, but not all of them have been issued, the larger number of licenses is no longer in effect until the Council by ordinance determines that any or all of the licenses may be issued. The Council is not required to issue the full number of licenses that is has available. There will be no more than five off-sale liquor licenses available.
(H) (1) Off-sale license applications will be reviewed by the Police Department. If an off-sale license is not issued within nine months after Council approval, the approval shall automatically lapse.
(2) Each applicant shall display to the city’s satisfaction that it has at least an option on a specific site for the location of an off-sale store and any other information as the city may require. The Council reserves the right to determine specific compliance with this division.
(3) All off-sale licenses shall run from the date of issuance until December 31 of that year. Fees shall be prorated if any off-sale license is issued for less than a full calendar year.
(I) Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the city code and other laws relating to the operation of the licensed business.
(J) It is lawful for an off-sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no charge and consumed on the licensed premises during the permitted hours of off-sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer.
(K) Coin-operated amusement devices may not be located on premises licensed for off-sale of liquor.
(Ord. 2006-4-2, passed 4-24-2006; Am. Ord. 11.052, passed 10-18-2010)
Penalty, see § 10.99