Loading...
(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 liquor, as part of a commercial transaction, without a license therefor from the city.
(B) This section shall not apply to:
(1) Potable liquors as are intended for therapeutic purposes and not as a beverage;
(2) Industrial alcohol and its compounds not prepared or used for beverage purposes;
(3) Wine in the possession of a person duly licensed under this chapter as an on-sale wine licensee;
(4) Sales by manufacturers to wholesalers duly licensed as that by the Commissioner; or
(5) Sales by wholesalers to persons holding liquor licenses from the city.
(C) Any person licensed to sell liquor at on-sale shall not be required to obtain an on-sale beer license, and may sell beer on-sale without an additional license.
(D) Any person licensed to sell liquor off-sale shall not be required to obtain an off-sale beer license, and may sell beer off-sale without an additional license.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
(A) The annual on-sale liquor license fee shall be in an amount as set forth in the current city fee schedule.
(B) The annual off-sale liquor license fee shall be as set forth in the current city fee schedule.
(C) The annual Sunday liquor license fee shall be as set forth in the current city fee schedule.
(D) The annual club on-sale liquor license fees for a club with a membership of 40 or less shall be as set forth in the current city fee schedule; for a club with a membership of more than 40 members shall be as set forth in the current city fee schedule.
(E) The daily sports or convention facilities liquor license fee shall be as set forth in the current city fee schedule. The annual sports or convention facilities liquor license fee shall be as set forth in the current city fee schedule.
(F) The temporary liquor license fee shall be as set forth in the current city fee schedule.
(Ord. 2006-4-2, passed 4-24-2006)
(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
Except as otherwise provided in § 111.054, no on-sale liquor sales shall be made between 2:00 a.m. and 11:00 a.m. on Sunday, nor between the hours of 12:00 a.m. and 8:00 a.m. on Monday, nor between the hours of 2:00 a.m. and 8:00 a.m. on Tuesday through Saturday.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
(A) The electorate of the city having heretofore authorized the same, a Sunday on-sale liquor license may be issued to hotels, motels, restaurants, or clubs, as defined in this chapter, which have on-sale licenses and which also have facilities for serving not less than 30 guests at one time.
(B) The hours of sales shall be from 11:00 a.m. on Sunday to 12:00 a.m. on Monday in conjunction with the serving of food, provided that the licensed establishment is in conformance with the Minnesota Clean Indoor Air Act.
(C) Should New Year’s Eve fall on a Sunday, the hours of sale shall be from 11:00 a.m. on that Sunday to 2:00 a.m. the following Monday.
(Ord. 2004-6, passed 12-16-2004; Am. Ord. 2006-4-2, passed 4-24-2006; Am. Ord. passed - -) Penalty, see § 10.99
It is unlawful for any:
(A) Person to knowingly induce another to make an illegal sale or purchase of liquor;
(B) Licensee to sell liquor on any day or during any hour when sales of liquor are not permitted by law;
(C) Person to purchase liquor on any day or during any hour when sales of liquor are not permitted by law; and
(D) Licensee to sell or serve liquor to any person who is obviously intoxicated.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
The Council may authorize any holder of an on-sale liquor license issued by the city or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the city or instrumentality thereof having independent policy-making and appropriating authority and located within the city. The licensee must be engaged to sell liquor at an event by the person or organization permitted to use the premises and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. The sales may be limited to designated areas of the facility. All sales shall be subject to all laws relating thereto.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
TEMPORARY LICENSES
(A) License authorized. Notwithstanding any provision of the city code to the contrary, the Council may issue a license for the temporary on-sale of liquor in connection with a social event sponsored by the licensee. The license may provide that the licensee may contract with the holder of a full-year on-sale license, issued by the city, for liquor catering services.
(B) Applicant. The applicant for a license under this section must be a club or charitable, religious, or other nonprofit organization in existence for at least three years.
(C) Terms and conditions of license.
(1) No license is valid until approved by the Commissioner.
(2) No license shall be issued for more than three consecutive days.
(3) All licenses and licensees are subject to all provisions of statutes and the city code relating to liquor sale and licensing. The licensee shall provide proof of financial responsibility coverage and, in the case of catering by a full-year on-sale licensee, the caterer shall provide proof of the extension of the coverage to the licensed premises.
(4) Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee.
(5) The application for and issuance of a temporary on-sale liquor license shall be subject to the regulations for temporary on-sale beer and liquor licenses as set forth elsewhere in this chapter.
(D) Insurance required. The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary liquor license on premises owned or controlled by the city. Any license may be conditioned, qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the city, the applicant shall file with the city, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $300,000 for injury to any one person, $600,000 for injury to more than one person, and $25,000 for property damage, naming the city as an insured during the license period.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
Loading...