Every license shall be granted subject to the conditions of this section and of any other applicable city ordinance or state or federal law.
A. Posting License: Every license shall be posted in a conspicuous place in the premises for which it is issued.
B. Premises: No license shall be effective beyond the compact and contiguous space for which the same was granted. A person must not possess open containers of alcoholic beverages or consume alcoholic beverages on the premises under the licensee's control outside of the licensed structure or in any area of the licensed premises that was not designated for those activities in the license application.
C. Days And Hours Of Sales:
1. No liquor sales shall be made during the hours or days such sales are prohibited by State law.
2. The sale of intoxicating liquor shall be permitted only within the hours and only on the days fixed and allowed by Minnesota Statutes. Not only must the sale of intoxicating liquor cease at the closing hour appointed each day by statute, but all persons other than employees of the licensee shall vacate the licensed premises within thirty (30) minutes of said closing hour. Notwithstanding anything contained in this subsection, a licensee may keep his/her premises open for his/her normal business purposes except the sale of liquor after the closing hour for the sale of liquor, provided that such licensee has closed off all access to the bar in a manner approved by the Council. (Ord. 1276, 1-27-2014)
3. Under a Sunday on-sale license, a restaurant, club or hotel with a seating capacity for at least thirty (30) persons which holds an on-sale intoxicating liquor license may serve intoxicating liquor between the hours of eight o'clock (8:00) A.M. on Sunday and two o'clock (2:00) A.M. on Monday in conjunction with the serving of food, provided the licensed establishment has a two o'clock (2:00) A.M. permit issued by the Commissioner of Public Safety. (Ord. 1297, 7-13-2015)
4. No holder of a 3.2 percent malt liquor license may conduct business on the premises between the hours of two o'clock (2:00) A.M. and eight o'clock (8:00) A.M. Monday through Saturday or on any Sunday between the hours of two o'clock (2:00) A.M. and ten o'clock (10:00) A.M. Notwithstanding the foregoing, a licensee may keep the licensed premises open for its normal business purposes, except for the sale of 3.2 percent malt liquor, after the closing hour for the sale of liquor, provided that such licensee has closed off all access to the 3.2 percent malt liquor in a manner approved by the City Council.
5. No club shall sell alcoholic beverages to anyone other than members and bona fide guests in the company of members. (Ord. 1276, 1-27-2014)
6. Under a Sunday on-sale brew pub intoxicating liquor license, a restaurant located in a brew pub with seating capacity for at least thirty (30) people may serve intoxicating liquor between the hours of eight o'clock (8:00) A.M. on Sunday and two o'clock (2:00) A.M. on Monday in conjunction with the serving of food, provided the establishment has a two o'clock (2:00) A.M. permit issued by the Commissioner of Public Safety. (Ord. 1361, 1-28-2019)
D. Sales To Certain Persons Prohibited: No intoxicating liquor shall be sold, furnished or delivered for any purpose to any person under the age of twenty one (21) years or to any person obviously intoxicated or to any other persons to whom sale is prohibited by State law.
E. Sales In Hotels: No sale of alcoholic beverages shall be made to or in guestrooms of hotels, unless the rules of such hotel provide for the service of meals in guestrooms, the sale of such alcoholic beverages is made in the manner on-sales are required to be made, such sale accompanies and is incident to the regular service of meals to guests therein, and the rules of such hotel and the description, location and number of such guestrooms are fully set out in the application for a license.
F. Conduct Of Business:
1. Every licensee shall be responsible for the conduct of his/her place of business and shall maintain conditions of sobriety and order therein.
2. No licensee shall keep, possess or operate, or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same or in any adjoining building, directly or indirectly under the licensee's control, to be used for any illegal purpose. Notwithstanding the foregoing, gambling licensed and permitted by the Minnesota Charitable Gambling Board is allowed in connection with temporary licenses and events, and sales sponsored by the Minnesota State lottery may be made at any licensed establishment allowed by State law.
G. Display Of Liquor In On-Sale Establishments: No on-sale liquor establishment shall display liquor to the public during hours when the sale of liquor is prohibited. No on-sale licensee shall permit any glass, bottle, or other container containing an alcoholic beverage to remain upon any table, bar, stool, or other place where customers are served within a licensed establishment more than thirty (30) minutes after the time when a sale can legally occur.
H. Receipt Required For Off-Sale Deliveries: No off-sale licensee or his/her agent or employee shall deliver any intoxicating liquor to or at any place or premises without obtaining a receipt therefor, signed by the person receiving such liquor and bearing the time, date and place of delivery. Such receipts shall be kept in the files of the licensee for a period of one year, and such files and receipts shall be kept available for inspection by the Police Department at all hours during which the licensed premises are open for business.
I. Ethyl Alcohol And Neutral Spirits: No licensee shall keep ethyl alcohol or neutral spirits on any licensed premises or permit their use on the premises as a beverage or mixed with a beverage.
J. Alcohol Server Training Required:
1. Licensed Establishment: For the purposes of this section, a "licensed establishment" means any premises holding any license issued by the city to sell or serve any alcoholic beverage, provided, however, that a licensed establishment shall not include any premises holding only a temporary on-sale license, one day consumption and display permit or a caterer's permit.
2. Liquor Licensee: For the purposes of this section, a "liquor licensee" is the holder of any license issued by the city to sell or serve any alcoholic beverage, provided, however, that a liquor licensee shall not include the holder of only a temporary on-sale license, one day consumption and display permit or a caterer's permit.
3. Compliance: Every liquor licensee shall require that anyone who serves or sells any alcoholic beverage at the licensed establishment must comply with the alcohol server training requirements of this section.
4. Must Complete Program: Anyone who serves or sells any alcoholic beverage at a licensed establishment shall complete a program of alcohol server training before they are allowed to serve or sell any alcoholic beverage.
5. Completion Within Twenty Four Months: No one shall serve or sell any alcoholic beverage at a licensed establishment unless that person has completed an alcohol server training program within the twenty four (24) month period prior to the date of serving or selling the alcoholic beverage.
6. Alcohol Server Training Program Standards: The alcohol server training program must meet the standards hereafter set forth and must be provided by a business entity or association whose regular business includes providing such trainings and who is not owned by a license holder; provided, however, the training may be provided by a license holder if the training meets the standards hereafter set forth and the training program is approved by the city's chief of police or designee. The standards for training must include the following:
a. Information regarding the laws pertaining to the sale of alcohol;
b. The rules for identification checks;
c. Responsibilities of establishments serving or selling alcoholic beverages;
d. Verification of age, forms of identification, and forms of false or misleading age identification;
e. The effect of alcohol on humans and the physiology of alcohol intoxication;
f. Recognition of the signs of intoxication;
g. Strategies for intervention to prevent intoxicated persons from consuming further alcohol;
h. Liability of the person serving alcohol; and
i. Identifying minors.
7. Proof Of Completion: Liquor licensees shall keep on file proof that all persons serving or selling alcoholic beverages at the licensed establishment have completed the alcohol server training required by this section. Such proof shall be kept for at least three (3) years. Proof of a person's completion of alcohol server training shall be presented to a police officer upon request no later than three (3) days after the request, excluding holidays and weekends. Liquor licensees shall submit the following information about all persons who currently serve or sell alcoholic beverages at the licensed establishment with their liquor license renewal application: the person's name, date of birth, date of hire, and the date the person last completed alcohol server training.
8. Violation Of License: No liquor licensee shall allow the sale or service of any alcoholic beverage by a person who has not complied with the alcohol server training requirements of this section. Any such sale or service shall constitute a violation of the licensee's liquor license.
9. Compliance With Training: No person shall serve or sell any alcoholic beverage at a licensed establishment without first complying with the alcohol server training requirements of this section.
10. Compliance Checks: Every licensee shall allow any peace officer, health officer, building official, city employee, or any other person designated by the council to conduct compliance checks and to otherwise enter, inspect, and search the premises of the licensee during business hours and after business hours during the time customers remain on the premises without a warrant.
11. Death Of Licensee: In the event of the death of a person holding a license, the personal representative of that person is allowed to continue to operate the business within the terms of the license for a period not to exceed ninety (90) days after the death of the licensee.
12. Change In Required Information: Each licensee has the continuing duty to promptly notify the city clerk of any change in the information or facts required to be furnished on a license application. This duty continues throughout the period of the license. (Ord. 1276, 1-27-2014)