The Council is authorized to issue the following licenses and permits, up to the number specified in § 111.20.
(A) 3.2 percent malt liquor on-sale licenses. 3.2 percent malt liquor on-sale licenses may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks.
(B) 3.2 percent malt liquor off-sale license.
(C) Temporary 3.2 percent malt liquor licenses. Temporary 3.2 percent malt liquor licenses may be issued only to a club, charitable, religious, or nonprofit organization.
(D) Off-sale intoxicating liquor licenses. Off-sale intoxicating liquor licenses may be issued only to exclusive liquor stores. The fee for an off-sale intoxicating liquor license established by the Council under § 111.23 shall not exceed $150 or a greater amount which may be permitted by M.S. § 340A.408, Subd. 3, as it may be amended from time to time.
(E) On-sale intoxicating liquor licenses. On-sale intoxicating liquor licenses (1) may be issued to the following establishments as defined by M.S. § 340A.101, as it may be amended from time to time, and this chapter: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans organizations, and exclusive liquor stores. (2) Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under § 111.23 shall not exceed the amounts provided for in M.S. § 340A.408, Subd. 2b, as it may be amended from time to time. (3) The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of M.S. § 340A.404, Subd. 4b, as it may be amended from time to time. (4) The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the city, under the provisions of M.S. § 340A.404, Subd. 4a, as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises.
(F) Sunday on-sale intoxicating liquor licenses.
(1) Sunday on-sale intoxicating liquor licenses were authorized by voter approval. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in § 111.03, club, bowling center, or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license, which shall be established by the Council under the provisions of § 111.23, shall not exceed $200, or the maximum amount provided by M.S. § 340A.504, Subd. 3c, as it may be amended from time to time.
(2) Establishments that serve alcohol on Sundays must submit a copy of the state certificate that certifies them as a restaurant establishment at the time the application is made for the Sunday liquor license.
(G) Combination on-sale/off-sale intoxicating liquor licenses. Combination on-sale/off-sale intoxicating liquor licenses may be issued as long as the city has a population less than 10,000.
(H) Temporary on-sale intoxicating liquor licenses. Temporary on-sale intoxicating liquor licenses may be issued with the approval of the Commissioner of Public Safety and may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least 3 years. No license shall be for longer than 4 consecutive days, and the city shall issue no more than 12 days worth of temporary licenses to any one organization in 1 calendar year.
(1) No temporary license shall issue until the city is furnished with written proof that the licensee has dram shop coverage in the amount provided for in this chapter, and that the coverage is in force on the premises where liquor is to be served.
(2) Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee.
(3) No more than 1 temporary license may be issued to any 1 organization or registered political committee or for any 1 location within any 30-day period.
(I) On-sale wine licenses. On-sale wine licenses may be issued with the approval of the Commissioner of Public Safety to: theaters, restaurants that have facilities for seating at least 25 guests at 1 time and meet the criteria of M.S. § 340A.404, Subd. 5, as it may be amended from time to time, and which meet the definition of restaurant in § 111.03; and to licensed bed and breakfast facilities which meet the criteria in M.S. § 340A.4011, Subd. 1, as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of § 111.23 shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license. An on-sale wine license is not required of an establishment licensed by the State of Minnesota as a manufacturer of wines of not more than 25 percent alcohol pursuant to M.S. Ch. 340A.
(J) One day consumption and display permits. One day consumption and display permits may be issued with the approval of the Commissioner of Public Safety to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization. The maximum amount of the additional fee which may be imposed by the Council on a person who has been issued a consumption and display permit under the provisions of § 111.23 shall not exceed $300, or the maximum amount permitted by M.S. § 340A.14, Subd. 6, as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year.
(K) Brewer taproom on-sale license. The city may issue to a holder of a brewer’s license issued under M.S. § 340A.301, Subd. 6, clauses (c)[more than 3,500 barrels produced annually], (i)[less than 2,000 barrels produced annually] or (j)[between 2,000 and 3,500 barrels produced annually], a brewer taproom license. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to 1 brewery location owned by the brewer. The holder of a brewer taproom license may also apply for a license to operate a restaurant at the brewery. (1) All provisions of this chapter that apply to a retail license also apply to the brewer taproom license. (2) A brewer may only have 1 taproom license under this subdivision and may not have an ownership interest in a brewery licensed under M.S. § 340A.301, Subd. 6(d). (3) This license may not be issued to a brewer or a person having an economic interest in the brewer who is also a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. (4) The city shall require a licensing fee from the brewer subject to the limitations applicable to license fees pursuant to M.S. § 340A.408, Subd. 2(a). (5) Within 10 days of the issuance of a brewer taproom license, the city shall inform the Commissioner of Public Safety of the licensee’s name and address and trade name plus the effective date and expiration date of the license.
(L) Small brewer off-sale license. (1) A brewer licensed under M.S. § 340A.301, Subd. 6, clause (c)[more than 3,500 barrels produced annually], (i)[less than 2,000 barrels produced annually] or (j)[between 2,000 and 3,500 barrels produced annually], may be issued a license for off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the Commissioner of Public Safety. The amount of malt liquor sold at off-sale may not exceed 500 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. (2) The malt liquor shall be packed in 64-ounce containers commonly known as “growlers” or in 750 milliliter bottles. The containers or bottles shall bear a twist-type closure, cork, stopper or plug. At the time of the sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container or bottle and extended over the top of the twist-type closure, cork, stopper or plug forming a seal that must be broken upon opening of the container or bottle. The adhesive band, strip or sleeve shall bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer selling the malt liquor and shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. (3) The city may not issue a license under this subdivision to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. (4) The city shall impose a licensing fee on a brewer holding a license under this subdivision, subject to limitations applicable to license fees under M.S. § 340A.408, Subd. 3a.
(Ord. 2013-08, passed 10-21-2013; Am. Ord. 2019-03, passed 4-15-2019)