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No person shall consume intoxicating liquor or 3.2% malt liquor on any public street, sidewalk, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this chapter, in a municipal liquor dispensary, or where the consumption and display of liquor is lawfully permitted. Exemption for city parks see § 110.06.
(Ord. 859, passed 5-25-2016; Am. Ord. passed 4-11-2018) Penalty, see § 110.99
It shall be unlawful for any person or persons to bring upon, possess or consume in a city park any intoxicating liquor or 3.2% malt liquor between the hours of 11:00 p.m. and 8:00 a.m. of the following morning of each and every day of the week. It shall be unlawful for any person or persons to bring or possess in a city park any glass containers.
(Ord. 859, passed 5-25-2016; Am. Ord. passed 4-11-2018) Penalty, see § 110.99
LICENSING
Each license shall be issued for a maximum period of one year. All licenses shall expire on March 31 of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Consumption and display permits issued by the Commissioner of Public Safety, and the accompanying city consent to the permit, shall expire on March 31 of each year.
(Ord. 859, passed 5-25-2016; Am. Ord. passed 4-11-2018)
The Council of a city that has a municipal liquor store is authorized to issue the following licenses and permits.
(A) 3.2% malt liquor on-sale licenses, which may be issued only to restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2% malt liquor with the incidental sale of tobacco and soft drinks.
(B) 3.2%malt liquor off-sale license.
(C) Temporary 3.2% malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization.
(D) On-sale intoxicating liquor licenses, which 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, clubs or congressionally chartered veterans organizations. 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 § 110.23 shall not exceed the amounts provided for in M.S. §340A.408, Subd. 2b, as it may be amended from time to time. 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. 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.
(E) Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a general or special election as provided by M.S. §340A.504, Subd. 3, as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant, 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 shall be established by the Council under the provisions of § 110.23 or the maximum amount provided by M.S. §340A.504, Subd. 3c, as it may be amended from time to time.
(F) Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, which 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 three years. No license shall be for longer than four consecutive days, and the city shall issue no more than 12 days worth of temporary licenses to any one organization in one calendar year.
(G) On-sale wine licenses, with the approval of the Commissioner of Public Safety, to restaurants that have facilities for seating at least 25 guests at one time and meet the criteria of M.S. §340A.404, Subd. 5, as it may be amended from time to time; and to licensed bed and breakfast facilities which meet the criteria in M.S. §340A.401, 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 § 110.23 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% malt liquor license is authorized to sell malt liquor with a content over 3.2% (strong beer) without an additional license.
(H) One day consumption and display permits 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.
(I) Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety. 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 § 110.23 shall not exceed 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.
(J) Brewer off-sale malt liquor licenses, which may be issued under M.S. § 340A.301, Subd. 6(c), (i), or (j), with the approval of the Commissioner, to sell at its licensed premises malt liquor that has been produced and packaged by the brewer in compliance with state law. The amount of malt liquor sold at off-sale may not exceed 750 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale licensees, and the malt liquor sold off-sale must be removed from the premises before the off-sale closing time, except that malt liquor in growlers only may be sold at off-sale on Sundays.
(Am. Ord. passed 4-11-2018; Am. Ord. 874, passed 5-14-2020)
(A) No license or other fee established by the city shall exceed any limit established by M.S. Ch. 340A, as it may be amended from time to time, for an intoxicating liquor or 3.2% malt liquor license.
(B) The Council may establish from time to time by ordinance or resolution the fee for any of the liquor licenses it is authorized to issue. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing.
(C) The fee for all licenses except temporary licenses, granted after the commencement of the license year shall be prorated; but no such prorate fee shall be accepted from any private club or public place which has violated the permit requirement. In computing such fee, any unexpired fraction of a month shall be counted as one month. The written receipt shall be posted in some conspicuous place upon the premises alongside the permit and shall be kept posted at all times.
(D) All license fees shall be paid in full at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant.
(E) A refund of a pro rata share of an annual license fee may occur only if authorized by M.S. §340A.408, Subd. 5, as it may be amended from time to time.
(Ord. 859, passed 5-25-2016; Am. Ord. passed 4-11-2018)
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