(A) Hearing. Prior to granting an initial liquor license, a public hearing shall be held by the Council after notice by at least one publication in the official newspaper at least ten days prior to the hearing. Opportunity shall be given any person to be heard for or against granting the license. After the hearing, the Council may, in its discretion, grant or refuse the license. A public hearing may be held, but is not required, on renewal of liquor licenses and other licenses under this chapter.
(B) Granting. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee and, if applicable, pay the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before consideration by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation.
(C) Issuing. If an application is approved, the City Administrator shall forthwith issue a license pursuant thereto in the form prescribed by the city or the Commissioner, as the case may be, and upon payment of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described.
(D) Transfer. The license granted under this chapter is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application, except in the case in which an existing non-corporate licensee is incorporating and the incorporation does not affect the ownership, control or interest of the existing licensed establishment. An establishment licensed under this chapter shall immediately notify the city of the sale or transfer of the establishment. The City Council, in its discretion, may execute a management agreement which covers the period of time between the sale or transfer of the business and the issuance of the new owner’s license and this management agreement shall thus control of all intoxicating liquor sales in the existing licensee or a manager responsible to the existing licensee. The agreement shall be approved by the City Council.
(E) Refusal and termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application including any application to renew a liquor license or any other license under this chapter. Licenses shall terminate only by expiration, revocation or refund under the circumstances provided for herein.
(F) Public interest. No license under this chapter may be issued, transferred or renewed if the results of any investigation show, to the satisfaction of the Council, that the issuance, transfer or renewal would not be in the public interest.
(G) Revocation or suspension. The Council may revoke or suspend, for a period of time it deems proper, a license granted under the provisions of this chapter, or impose a civil fine not to exceed $5,000 for each violation on a finding that the licensee has failed to comply with a statute, regulation or provision of this code of ordinances relating to alcoholic beverages. Upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of 3.2% malt liquor, wine or liquor upon premises of the licensee, a license granted under the provisions of this chapter may be suspended or revoked. License revocation shall be immediate if mandated by statute. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act, being M.S. §§ 14.001 to 14.69, as they may be amended from time to time, as may be determined by the Council in action calling the hearing. The hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than 15, nor more than 30, days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this chapter, and in addition to grounds for revocation or suspension stated in this code or statute, the following shall also be grounds for this action:
(1) The licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of 3.2% malt liquor, wine or intoxicating liquor;
(2) The licensee had knowledge of illegal acts upon licensed premises, but failed to report the same to police;
(3) The licensee failed or refused to cooperate fully with police in investigating alleged illegal acts upon licensed premises; or
(4) The activities of the licensee created a serious danger to public health, safety or welfare.
(H) Corporate applicants and licensees. A corporate applicant, at the time of application, shall furnish the city with a list of all persons who have an interest in the corporation and the extent of that interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Administrator in writing of any change in legal ownership or beneficial interest in the corporation or in its shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any license shall be revoked 30 days after this type of change in ownership or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council, or any officer of the city designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee.
(2004 Code, § 112.016) (Ord. 95-144, passed 4-25-1995; Ord. 98-217, passed 2-10-1998; Ord. 00-280, passed 7-25-2000; Ord. 04-384, passed 7-27-2004; Ord. 20-814, passed 6-9-2020) Penalty, see § 10.99