A. Types Of Licenses: No person except wholesalers or manufacturers, to the extent authorized under State license, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor without first having received a license to do so as provided in this chapter. Licenses shall be of nine (9) kinds: on-sale intoxicating liquor, on-sale 3.2 percent malt liquor, off-sale 3.2 percent malt liquor, consumption and display, club licenses, on-sale wine licenses, temporary 3.2 percent malt liquor licenses, temporary on-sale intoxicating liquor licenses and Sunday liquor licenses. (Ord. 171, 1-11-1982; amd. Ord. 215, 4-20-1998; Ord. 222, 4-19-1999)
1. On-Sale Liquor: On-sale intoxicating liquor licenses shall be issued according to the provisions of Minnesota Statutes section 340A.413, subdivision 4, which are incorporated by reference, and hereby specifically incorporates the method of counting the number of licenses as stated in such statute:
a. Exclusions Of License Limits: On-sale intoxicating liquor licenses may be issued to the following entities by the City, in addition to the four (4) on-sale intoxicating licenses allowed for a city the size of Hawley:
(1) Clubs, or congressionally charted veterans' organizations;
(2) Restaurants;
(3) Establishments that are issued licenses to sell wine under Minnesota Statutes section 340A.404, subdivision 5;
(4) Theaters that are issued licenses under Minnesota Statutes section 340A.404;
(5) Hotels; and
(6) Bowling centers. (Ord. 238, 7-26-2004)
2. On-Sale Malt Liquor: On-sale 3.2 percent malt liquor licenses shall be issued to restaurants, clubs, bowling alleys, golf clubs and beer stores only. The City Council shall determine from time to time by resolution the number of on-sale 3.2 percent malt liquor licenses which shall be issued. (Ord. 171, 1-11-1982)
3. Off-Sale Malt Liquor: Off-sale 3.2 percent malt liquor licenses shall be issued to restaurants, clubs, bowling alleys, golf clubs and beer stores only for the sale of 3.2 percent malt liquor on Sundays and between the hours of ten o'clock (10:00) P.M. and twelve forty five o'clock (12:45) A.M. Monday through Saturday, and on holidays when the Municipal liquor store is closed. The City Council shall determine from time to time the number of off-sale 3.2 percent malt liquor licenses which shall be issued. (Ord. 222, 4-19-1999)
4. Club Licenses: Club licenses shall be issued only to duly incorporated clubs which have been in existence for a period of three (3) years. (Ord. 171, 1-11-1982; amd. 1996 Code)
5. On-Sale Wine: On-sale wine licenses shall be licenses authorizing the sale of wine not exceeding fourteen percent (14%) alcohol by volume for consumption on the licensed premises only, and only in conjunction with the sale of food, to be issued only to restaurants with a seating capacity of at least twenty five (25) persons and otherwise as defined as in section 3-2-2 of this chapter. (Ord. 171, 1-11-1982)
6. Consumption And Display: Consumption and display licenses; a person or premises, which is a business establishment, is hereby permitted to allow the consumption or display of intoxicating liquor, or the serving of any liquid for the purposes of mixing intoxicating liquor if such person or premises has been issued a permit for such purpose by the Liquor Control Commissioner of the State after the payment of an additional fee to the City per year in an amount shown in section 3-8-1 of this title. Consumption and display licenses shall run from July 1 to June 30. (Ord. 171, 1-11-1982; amd. Ord. 246, 12-3-2007)
7. Special Event: Special event licenses, temporary on-sale 3.2 percent malt liquor licenses may be issued to bona fide clubs, or charitable, religious or nonprofit organizations having their principal place of association within the city upon terms and conditions as set forth in section 3-2-11-1 of this chapter. (Ord. 171, 1-11-1982)
8. Social Event: Social event licenses, temporary on-sale intoxicating liquor licenses may be issued to a club or charitable, religious or other nonprofit organization in existence for at least three (3) years, or to a political committee registered under Minnesota statutes 10A.14, in connection with a social event, within the municipality, sponsored by the licensee upon the terms and conditions as set forth in section 3-2-11-2 of this chapter. (Ord. 215, 4-20-1998)
9. Sunday Liquor: Sunday liquor licenses can be issued to restaurants, clubs, bowling centers or hotels with a seating capacity for at least thirty (30) persons and which holds an on- sale intoxicating liquor license for the consumption on the premises in conjunction with the sale of food between the hours of twelve o'clock (12:00) noon on Sundays and twelve forty five o'clock (12:45) A.M. on Mondays, provided that the licensee is in conformance with the Minnesota indoor clean air act. The additional fee for the Sunday liquor license may not exceed the maximum amount set by state law, which may be from time to time amended, as shown in section 3-8-1 of this title. (Ord. 222, 4-19-1999; amd. Ord. 246, 12-3-2007)
B. Issuance; Conditions: Each license shall be issued to the applicant only and shall be issued for the premises described in the license application. No license may be transferred to another person or to another place without the approval of the city council. In all events, the sale of intoxicating liquor or 3.2 percent malt liquor is forbidden at the following places:
1. Such places as are forbidden by state statute.
2. Within three hundred feet (300') of the property line of any school or place of worship, unless a waiver is obtained from the school or place of worship.
3. For any premises on which taxes, assessments, or any other financial claims of the city are delinquent and unpaid. (Ord. 171, 1-11-1982)
C. On-Sale Wine Licenses: On-sale wine license holders who also are licensed to sell 3.2 percent malt liquors at on-sale, and whose gross receipts are at least sixty percent (60%) attributable to the sale of food, may sell intoxicating malt liquors at on-sale without an additional on-sale license. (Ord. 182, 11-7-1988)