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(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Subd. 3, as it may be amended from time to time, but not all of them have been issued, the larger number of licenses is no longer in effect until the Council by ordinance determines that any or all of the licenses may be issued.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
(A) Application and scope. This section shall apply to any event for which a temporary on-sale beer license or temporary on-sale liquor license has been sought and issued in accordance with this chapter. Any applicant for or licensee of a temporary on-sale beer or liquor license shall be subject to the provisions of this section.
(B) Regulations. Any temporary on-sale beer and liquor license applied for and issued under this chapter shall be subject to the following restrictions and requirements.
(1) The application for a temporary license issued under this chapter shall contain complete information as required on form prescribed by the City Clerk and shall be filed, along with the license fee, with the City Clerk at least 30 days prior to the first date for which the license is sought.
(2) The application shall include the street address of the property on which the licensed activity shall occur.
(3) The application shall include a detailed site plan:
(a) Delineating the property or area of the property on which the licensee’s event is to be located; and
(b) Delineating the location of the area in which the licensed alcoholic beverages are to be sold and consumed, if the area is intended to be within only a portion of the entire event area.
(4) The application shall identify all measures and methods to be utilized to partition any area within the entire event area for sale and consumption of the licensed alcoholic beverages, and shall state in detail its security plan setting forth the licensee’s plan to enforce alcohol beverage sale and consumption laws, crowd control and public safety and how the licensee will check the ages and identification of attendees. The applicant’s security plan shall be subject to the review, revision and approval of the County Sheriff or his or her designee.
(5) The licensee shall comply with and implement all security personnel, measures and methods as required by the County Sheriff.
(6) No alcohol shall be sold, served, and consumed outside the licensed area, which is the area specifically delineated by the licensee on the site plan filed with the application for license.
(7) No person under the age of 21 shall be sold or served or otherwise permitted to consume alcoholic beverages of the licensee on the licensed event premises. If the licensee has a designated licensed area, representing a portion of the entire event area, no person under 21 years of age, unless with a parent or legal guardian, shall be permitted within the licensed area, except persons ages 18, 19 or 20 may be within the designated area, provided they are performing work, including serving alcoholic beverages, for the licensee.
(8) All persons who consume, purchase or possess an alcoholic beverage in the licensed area shall be issued and required to wear a wristband approved by the County Sheriff and no alcoholic beverage shall be sold or otherwise provided to a person who does not have a wristband as required by this division.
(9) All persons who are issued a wristband in accordance with these requirements shall be identified with a valid photograph identification as otherwise required under this chapter.
(10) No person working for the licensee within the licensed area shall be intoxicated or consume alcoholic beverages during his or her work shift.
(11) The licensee shall post signs at all entrances to the licensed area notifying the public that sales to and consumption of alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited.
(12) The licensee shall provide paid or volunteer private security to monitor the licensed area and the licensee shall be subject to any order by the County Sheriff as to required security measures and personnel, including the required security personnel numbers, permitted or required entrances and exits from the designated area, as a condition of the license.
(13) The licensee shall pay to the city all fees incurred by the city for any on-duty County Sheriff’s deputy assigned to patrol the licensed area as ordered by the County Sheriff for necessary security and public safety and the fee for each officer shall be as set forth in the city’s duly adopted fee schedule.
(14) No alcoholic beverages shall be sold or consumed except during the following hours:
(a) Monday through Saturday from 8:00 a.m. to 2:00 a.m.; and
(b) Sunday from 11:00 a.m. to 12:00 a.m. Monday.
(15) No persons shall be within the licensed area, if the area is a designated partitioned area from the entire event area, more than 30 minutes after the time when a sale is permitted.
(16) The licensee shall designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site manager shall complete training in alcohol beverage service and shall train any server and security personnel of the same. It is unlawful for the licensee, any paid employee of or volunteer for the licensee or any attendee of the licensee’s event to violate any of the foregoing restrictions and regulations. Upon a violation of any of the foregoing restrictions and regulations which may result in eminent danger to public safety, the licensee’s temporary license may be immediately revoked and upon order of a sheriff’s deputy, the licensee shall immediately cease from selling or serving any alcoholic beverages.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
WINE
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