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§ 110.29 LICENSE FEES.
   (A)   Payment required. Each application for a license shall be accompanied by payment in full of the required fee for the license. Upon rejection of any application for a license, the city shall promptly refund the amount paid.
   (B)   Expiration; pro rata fees.
      (1)   Every license, except a temporary license, shall expire on December 31 in each year. Each license, except a temporary license, shall be issued for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year.
      (2)   Except as required by state law, in no event shall a license fee be pro rated or refunded whether a license is issued in mid-year, or a license terminates due to a revocation of license, licensee’s death or illness, or for any other purpose.
   (C)   Fees.
      (1)   The fees for licenses provided herein shall be established and modified by City Council resolution.
      (2)   Until modified, the fees are as follows:
 
Off sale 3.2% malt liquor license
$100/year
On sale wine license
$100/year
Regular on sale 3.2% malt liquor license
$100/year
Temporary on sale 3.2% malt liquor license
$10/day
 
(Ord. 140, passed 12-10-1996)
§ 110.30 GRANTING AND CONDITIONS OF LICENSE.
   (A)   Application. Each applicant shall complete and file an application for license on the form provided by the city, and include any information as required by the application form or as further required by City Council resolution, and shall be accompanied by payment of the required license fee.
   (B)   Investigation and hearing. The City Council, the Chief of Police or his, her or its designee, shall investigate all facts set out in the application, and other relevant facts. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the City Council shall grant or refuse the application in its discretion.
   (C)   Transfers. Each license shall be issued to the applicant only, and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council.
   (D)   Eligibility, restrictions and conditions of license. The eligibility requirements for licenses, conditions and restrictions, shall be as set forth in state law, and as otherwise established by city ordinances or regulations.
(Ord. 140, passed 12-10-1996)
§ 110.31 HOURS OF SALE.
   (A)   Generally. The hours of sale shall be governed by Minnesota State Statutes.
   (B)   After hours; on sale. It Is unlawful for any person to consume, or any licensee to permit consumption of 3.2% malt liquor or wine on licensed premises more than 30 minutes after the hour when a sale thereof can legally be made. It is unlawful for any person, other than a licensee or his or her bona fide employee actually engaged in the performance of his or her duties, to be on the premises licensed pursuant to this subchapter, and amendments thereof, more than 30 minutes after the legal time for making license sales, unless the licensed establishment is open to the public for serving food.
(Ord. 140, passed 12-10-1996) Penalty, see § 110.99
§ 110.32 REVOCATION OR SUSPENSION.
   The City Council shall either suspend for up to 60 days or revoke any non-intoxicating license, upon a finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to 3.2% malt liquor, or alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing.
(Ord. 140, passed 12-10-1996)
§ 110.33 SALE OF 3.2% MALT LIQUOR.
   The City Council may, by resolution, authorize a holder of an on sale wine license, who is also a holder of an on sale 3.2% malt liquor license for the same premises, and whose gross receipts are at least 60% attributable to the sale of food, to sell intoxicating malt liquors at on sale on the premises without an additional license. There shall be no additional fee for the granting of this authorization.
(Ord. 140, passed 12-10-1996)
§ 110.99 PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   All persons violating any provision of §§ 110.01 through 110.14 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $100 or imprisonment in the county jail for not more than 90 days, plus the costs of prosecution in either case.
   (C)   Any violation of the provisions of §§ 110.25 through 110.33 shall constitute a misdemeanor.
(Ord. 21, passed 1-8-1958; Ord. 140, passed 12-10-1996)