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WINE
(A) On-sale wine license required.
(1) It is unlawful for any person to sell or keep or offer for sale any wine without a license therefor from the city.
(2) This section shall not apply to:
(a) Possession or handling for sale or otherwise of sacramental wine or any representative of any religious order or for use in connection with a legitimate religious ceremony;
(b) Sales by manufacturers to wholesalers duly licensed as that by the state;
(c) Sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the city; or
(d) Sales by wholesalers to persons holding on-sale wine licenses from the city.
(B) On-sale wine license fee.
(1) The annual on-sale wine license fee as set forth in the current city fee schedule.
(2) The annual Sunday on-sale wine license fee as set forth in the current city fee schedule.
(C) On-sale wine license restrictions and regulations.
(1) No person under 18 years of age may be employed in a place where liquor is sold for consumption on the premises, except persons under 18 years of age may be employed as musicians or in bussing or washing dishes in a restaurant or hotel that is licensed to sell liquor and may be employed as waiters or waitresses at a restaurant or hotel where only wine is sold, provided that the person under the age of 18 may not serve or sell any wine.
(2) No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited.
(3) 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.
(4) On-sale wine licenses shall be granted only to traditional or casual restaurants.
(5) 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.
(6) Persons who hold both an on-sale wine license and an on-sale beer license and whose gross receipts are at least 50% attributable to the sale of food may sell intoxicating malt liquor (strong beer) at on-sale without an additional license.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
No on-sale of wine 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. through 8:00 a.m. on Tuesday through Saturday.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
It is unlawful for any:
(A) Person to knowingly induce another to make an illegal sale or purchase of wine;
(B) Licensee to sell wine on any day or during any hour when sales of wine are not permitted by law;
(C) Person to purchase wine on any day or during any hour when sales of wine are not permitted by law;
(D) Licensee to sell or serve wine to any person who is obviously intoxicated; or
(E) Wine licenses may be issued, with the approval of the Commissioner of Public Safety, only to restaurants having facilities for seating of at least 25 people at one time for the sale of wine not exceeding 14% alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. The holder of a wine license who is also licensed to sell 3.2% malt liquor on-sale and whose gross receipts are at least 50% attributable to the sale of food, may also sell intoxicating malt liquors at on-sale without an additional license.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
CONSUMPTION AND DISPLAY
(A) License required. Any nonprofit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in conjunction with a social activity sponsored by it shall first obtain a license therefor from the city. It is unlawful for any organization to fail to obtain a license.
(B) Term. The term of the license shall be one day only.
(C) Limitation on number. No more than ten licenses shall be issued in any calendar year.
(D) License fee. The fee for a one-day license shall be as set forth in the current city fee schedule.
(E) Approval. In addition to Council approval, a license must be approved by the Commissioner of Public Safety.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
(A) Consumption and display license required. It is unlawful for any club or business establishment which does not hold an on-sale liquor license to directly or indirectly allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing with liquor, without a license therefor from the city.
(B) Consumption and display license and license fee. The annual consumption and display license fee shall be as set forth in the current city fee schedule. The term of the annual license shall be effective from April 1 through March 31 of the following year.
(C) Consumption and display restrictions and regulations.
(1) Lockers. A business establishment or club to which a license is issued under this section may allow members to bring and keep a personal supply of liquor in lockers on the establishment’s premises. Every bottle, container or other receptacle containing liquor stored by a member shall attach to it a label signed by the member, shall be kept in a locker designated to the use of the member, and no other liquor shall be on the premises.
(2) Person under 21. It is unlawful for any person under 21 years of age to be assigned a locker for the storage of liquor or to consume or display or keep a supply of liquor on the establishment’s premises.
(3) Restrictions. No licensee may permit a person to consume or display liquor or no person may consume or display liquor, between 2:00 a.m. and 12:00 noon on Sundays, and between 2:00 a.m. and 8:00 a.m. on Monday through Saturday.
(4) Issuance of licenses. The city may issue a license under this section only to:
(a) An applicant who has not, within five years prior to the application, been convicted of a felony or of violating any provision of M.S, Chapter 340A, as it may be amended from time to time, or of violating any provision of this chapter;
(b) A restaurant;
(c) A hotel;
(d) An establishment holding a beer license issued under this chapter;
(e) A resort as defined by Minnesota Statutes; and
(f) A club, as defined by M.S. Chapter 340A, as it may be amended from time to time, or an unincorporated club otherwise meeting the definition of club, provided the club does not hold an on-sale liquor license.
(5) Sale of liquor on licensed premises. It is unlawful to sell liquor on premises licensed under this section.
(6) Issuance of consumption and display license. No consumption and display license may be issued by the city unless the business establishment or club seeking a license hereunder holds a consumption and display permit from the Commissioner. It is unlawful for any person, business establishment or club, directly or indirectly, to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing with liquor, without first having obtained a permit therefor from the Commissioner.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
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