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§ 110.20 NUMBER OF LICENSES WHICH MAY BE ISSUED.
   State law establishes the number of intoxicating liquor and 3.2% malt liquor licenses that a city may issue. The Council is not required to issue the full number of licenses that it has available.
(Am. Ord. passed 4-11-2018)
§ 110.21 TERM AND EXPIRATION OF LICENSES.
   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)
§ 110.22 KINDS OF LIQUOR LICENSES.
   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)
§ 110.23 LICENSE FEES; PRO RATA.
   (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)
§ 110.24 COUNCIL DISCRETION TO GRANT OR DENY A LICENSE.
   The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this chapter.
(Am. Ord. passed 4-11-2018)
§ 110.25 APPLICATION FOR LICENSE.
   Every application for a license under this chapter shall contain the following:
   (A)   Verification. Every application for a license shall be verified and filed with the City Clerk.
   (B)   General contents. In addition to the information required by the Department of Public Safety and the State Bureau of Criminal Apprehension, the initial application shall also contain the further information required herein, as well as other information that the City Council may from time to time require.
   (C)   Nature of applicant. The application shall show whether the applicant is an individual person, corporation, partnership or other form of organization.
   (D)   Type of license. The application shall state the type of license the applicant seeks.
   (E)   Individual person. If the applicant is an individual person, the following information shall be required:
      (1)   True name, place and date of birth and street address of the applicant.
      (2)   Whether the applicant has ever used or been known by a name other than his true name and, if so, what was such name, and information concerning dates and places where used.
      (3)   The name of the business, if it is to be conducted under a designated name or style other than the full individual name of the applicant. In such case, a copy of the certification, as required by M.S. Ch. 333, certified by the Clerk of the District Court, shall be attached to the application.
      (4)   Whether the applicant is married or single. If married, the true name, place and date of birth and street address of the applicant's present spouse.
      (5)   Street addresses at which the applicant lived during the preceding five years.
      (6)   Kind, name and location of every business or occupation the applicant has been engaged in during the preceding five years.
      (7)   Names and addresses of the applicant's employers and partners, if any, for the preceding five years.
      (8)   Whether the applicant has ever been convicted of any felony, crime or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which any such conviction was had.
      (9)   Whether the applicant or his spouse has ever engaged as an employee of or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, the applicant shall furnish information as to time, place and length of time of such employment or operation.
      (10)   Whether the applicant has ever been in the military service. If so, the applicant shall, upon request, exhibit all discharges.
      (11)   The name of the manager or proprietor or other agent in charge of the premises to be licensed.
   (F)   Partnership. If the applicant is a partnership, the application shall include the name and address and all information concerning each partner, as is required of a single applicant in division (E) of this section. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to trade name under the provisions of M.S. Ch. 333, a true copy of such certificate certified by the Clerk of the District Court shall be attached to the application.
   (G)   Corporation. If the applicant is a corporation or other association and is applying for an "on-sale" license, the following information shall be required:
      (1)   Name and, if incorporated, the state of incorporation.
      (2)   A true copy of the certificate of incorporation, articles of incorporation or association agreement and bylaws and, if a foreign corporation, a certificate of authority, as described in M.S. Ch. 303.
      (3)   The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about such person as is required of a single applicant in division (E) of this section.
      (4)   A list of all persons who, singly or together with their spouse, or a parent, brother, sister or child of either of them, own or control any interest in such corporation or association, together with their addresses and all information as is required of a single applicant in division (E) of this section.
   (H)   Club. If an application for an on-sale liquor license is submitted by a club, the following information shall be submitted, in addition to that required by the Department of Public Safety and by the prior divisions of this section:
      (1)   The date the club was first organized and the place of such organization.
      (2)   The purpose for which the club was originally organized and for which it is now existing.
      (3)   The number of members.
      (4)   The name of the manager, proprietor or other person who shall be in charge of the licensed premises.
      (5)   A sworn statement by a responsible individual having personal knowledge of the facts shall be submitted with the application, verifying that the club meets all of the requirements of M.S. § 340A.101, Subd. 7.
   (I)   Legal description. The exact legal description of the premises to be licensed, together with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities and the locations of and distances to the nearest church building and school grounds.
   (J)   Street address. The street number where the sale of intoxicating liquors is to be conducted and the rooms where liquor is to be sold or consumed. An applicant for an "on-sale" license shall submit a floor plan of the dining room, or dining rooms, which shall be opened to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of such rooms, and where on the premises liquor will be sold. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. The description may not include any parking lot or sidewalk.
   (K)   Federal permit. If a permit from the federal government is required by the laws of the United States, whether or not such a permit has been issued and, if so required, in what name issued and the nature of the permit.
   (L)   Financial interest. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures or stock in trade, the nature of such interest, the amount thereof and the terms for payment or other reimbursement. This information shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lienholders, trustees, trustors and persons who have cosigned notes or otherwise loaned, pledged or extended security for any indebtedness of the applicant.
   (M)   Plans. Whenever the application for an "on-sale" license to sell intoxicating liquor is for premises planned, under construction or ongoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed.
   (N)   Value of fixtures. The value of the fixtures and structures, exclusive of the land, on the premises proposed to be licensed.
   (O)   References. The names, residences and business addresses of three persons of good moral character, not related to the applicant or financially interested in the premises or business to be licensed, who may be referred to as the applicant's character or, in any case where information is required of a manager, the manager's character.
   (P)   Taxes and other assessments. Whether or not all real estate and other taxes and assessments or other financial claims with respect to the business premises to be licensed have been paid and, if not paid, the years for which they are delinquent.
   (Q)   Release of information. A release authorizing the city to obtain all financial information that may be appropriate.
   (R)   Other information. Such other information as the City Council shall require. The requirements of this section and other sections of this chapter set forth minimum requirements, but the Council reserves that right to consider any and all other factors as to the qualifications of any applicant and the suitability of any location.
   (S)   Execution. If the application is by an individual person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by all partners; or if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners.
   (T)   Bond. An application for a license need not be accompanied by a surety bond unless M.S. Ch. 340A requires same.
   (U)   Liability insurance. Prior to the issuance or renewal of a liquor license, the applicant shall file with the City Clerk evidence of financial responsibility. For purposes of the requirements of this section, evidence of financial responsibility shall be established by the applicant in the manner provided by M.S. Ch. 340 or any subsequent amendments thereto.
   (V)    Approval of security. The security offered under divisions (T) and (U) of this section shall be approved by the City Council and, in the case of applicants for "on-sale" and "on-sale wine" licenses, by the Department of Public Safety. Surety bonds and liability insurance policies shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the city the security under divisions (T) and (U) of this section is a cause for revocation of the license.
(Ord. 859, passed 5-25-2016; Am. Ord. passed 4-11-2018)
§ 110.26 [RESERVED]
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