(A) General requirement.
(1) No person, except a wholesaler of manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale in the city any intoxicating or 3.2% malt liquor without a license to do so as provided in this chapter. Licenses shall be of seven kinds: ‘on-sale intoxicating’, ‘on-sale wine’, ‘off-sale intoxicating’, ‘special club license’, ‘on-sale 3.2% malt liquor’, ‘off-sale 3.2% malt liquor’ and ‘temporary 3.2% malt liquor’. No one shall directly or indirectly deal in, sell or keep for sale in the city any intoxicating or 3.2% malt liquor without the appropriate license.
(2) This shall mean that a licensee holding an on-sale or off-sale intoxicating liquor license must make application for and be granted an on-sale or off-sale 3.2% malt liquor license from the city as provided in M.S. Ch. 340A, as it may be amended from time to time.
(B) On-sale intoxicating licenses. On-sale intoxicating licenses shall be issued only to clubs, restaurants and exclusive liquor stores and shall permit on-sale of liquor only. The number of on-sale intoxicating licenses shall be limited to a maximum of four and shall not include on-sale wine licenses or on-sale intoxicating licenses issued to restaurants.
(C) On-sale wine licenses.
(1) On-sale wine licenses shall be issued only to a restaurant having facilities for seating at least 25 guests at one time and shall permit the sale of wine not to exceed 24% of alcohol by volume for consumption with the sale of food. A wine license authorizes the sale of wine on all days of the week unless the city restricts the license’s authorization to the sale of wine on all days, except Sundays.
(2) The holder of an on-sale wine license must have gross receipts of at least 10% attributable to the sale of food.
(3) A licensed bed and breakfast facility may be issued an on-sale wine license, but service will be limited only to registered guests of the facility and, if the facility contains a licensed commercial kitchen, then to guests attending private events at the facility.
(4) The license for the issuance of a wine license shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license.
(5) Temporary off-sale licenses; wine auctions.
(a) The city may issue a temporary license for the off-sale of wine at an auction with the approval of the Commissioner.
(b) A license issued under this division (C)(5) authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in the state. The license may authorize the off-sale of wine for not more than three consecutive days, provided not more than 600 cases of wine are sold at any auction.
(c) The license is subject to the terms, including license fee, imposed by the city. Licenses issued under this division (C)(5) are subject to all laws and ordinances governing the sale of intoxicating liquor, except M.S. § 340A.409, as it may be amended from time to time, and those laws and ordinances which, by their nature, are not applicable.
(d) As used in the division (C)(5), VINTAGE WINE means bottled wine which is at least five years old.
(D) Off-sale intoxicating liquor license. Off-sale intoxicating liquor licenses shall be issued only to exclusive liquor stores and shall permit off-sales of intoxicating liquor only: no limit.
(E) Special club licenses. Special club licenses shall be issued only to bona fide and incorporated clubs which have been in existence for three years or more or to congressional chartered veteran’s organizations which have been in existence for three years and liquor sales will only be to members and bona fide quests.
(F) On-sale 3.2% liquor licenses. On-sale intoxicating liquor licenses shall be granted only to bona fide clubs, beer stores, restaurants and hotels where food is prepared and served for consumption on the premises. On-sale 3.2% malt liquors are for consumption on the premises only.
(G) Off-sale 3.2% liquor licenses. Off-sale 3.2% malt liquor licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only.
(H) Temporary on-sale 3.2 % liquor licenses. Temporary on-sale 3.2% malt liquor licenses shall be granted only to bona fide clubs and charitable, religious and non-profit organizations for the sale of 3.2% malt liquor for consumption on the premises only.
(I) Sunday liquor.
(1) Special on-sale licenses for the sale of intoxicating liquor on Sunday shall be issued only to a restaurant which holds an on-sale intoxicating liquor license.
(2) A RESTAURANT, for the purposes of this division (I), shall be defined as an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at table to the general public, and having seating capacity for guest of 30 and which prepared food on site in a kitchen which meets the standards of the state for restaurant facilities.
(3) All sales at such establishments shall be in accordance with M.S. § 340A.504, Subd. 3, as it may be amended from time to time.