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At least 90 days before a license issued under this chapter is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests within the sound discretion of the Council. No licensee has a right to have the license renewed.
(Am. Ord. passed 4-11-2018)
No transfer of license shall be permitted from place to place or person to person, without complying with the requirements of an original application.
(Ord. 859, passed 5-25-2016; Am. Ord. passed 4-11-2018) Penalty, see § 110.99
(A) Preliminary background and financial investigation. On an initial application for a license, on an application for transfer of a license and, in the sound discretion of the Council that it is in the public interest to do so, on an application for renewal of a license, the city shall conduct a preliminary background and financial investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee in an amount to be determined by City Council which shall be in addition to any license fee.
(B) Comprehensive background and financial investigation. If the results of a preliminary investigation warrant, in the sound discretion of the Council, a comprehensive background and financial investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background and financial investigation to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state and $10,000, less any amount paid for the initial investigation, if the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied.
(Ord. 859, passed 5-25-2016; Am. Ord. passed 4-11-2018)
The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background and financial investigations. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the Council shall in its sound discretion grant or deny the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety.
(Am. Ord. passed 4-11-2018)
(A) Each license shall be issued only to the applicant for the premises described in the application.
(B) Not more than one license shall be directly or indirectly issued within the city to any one person.
(C) No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the city are delinquent and unpaid.
(D) No license shall be issued for any place or any business ineligible for a license under state law.
(E) No license shall be issued to any person who is not a resident of the state. The provisions of this division (E) shall not apply to any license existing on the effective date of this chapter or to the renewal of an existing license.
(F) No license shall be granted within 500 feet of any public school or church. The distance is to be measured from the closest side of the church to the closest side of the structure on the premises within which liquor is to be sold.
(Am. Ord. passed 4-11-2018; Am. Ord. 873, passed 9-25-2019; Am. Ord. 8.1-22, passed 8-18-2022) Penalty, see § 110.99
The failure of a licensee to meet any one of the conditions of the license specified below shall result in a suspension of the license until the condition is met.
(A) Within 90 days after employment, every person serving liquor in an establishment which has an "on-sale" license shall receive training regarding the serving of liquor to customers. The training shall be provided by an organization approved by the Council. Proof of training of the servers shall be provided by the licensee.
(B) Every licensee is responsible for the conduct of the place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee.
(C) Every licensee shall allow any peace officer, health officer, city employee, or any other person designated by the Council to conduct inspections, to enter, inspect, and search the premises of the licensee during business hours without a warrant.
(D) No on-sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
(E) Compliance with financial responsibility requirements of state law and of this chapter is a continuing condition of any license.
(Am. Ord. passed 4-11-2018) Penalty, see § 110.99
(A) The hours of operation and days of sale shall be those set by M.S. § 340A.504, as it may be amended from time to time, except that the City Council may, by resolution or ordinance, provide for more restrictive hours than state law allows. Intoxicating liquor may be sold on Sunday between 11:00 a.m. and 12:00 midnight. Additionally, intoxicating liquor may be sold between the hours of 12:00 a.m. and 1:00 a.m. on Monday.
(B) No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2% malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur.
(C) No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2% malt liquor to remain upon any table, bar, stool, or other place where customers are served, more than 30 minutes after the time when a sale can legally occur.
(D) No person, other than the licensee and any employee, shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur.
(E) Any violation of any condition of this section may be grounds for revocation or suspension of the license.
(Ord. 859, passed 5-25-2016; Am. Ord. passed 4-11-2018) Penalty, see § 110.99
(A) No person under the age of 18 years shall be employed in any rooms constituting the place in which intoxicating liquors or 3.2% malt liquor are sold at retail on sale, except that persons under the age of 18 may be employed as musicians or to perform the duties of a bus person or dishwashing services in places defined as a restaurant, hotel, motel or other multi-purpose building serving food in rooms in which intoxicating liquors or 3.2% malt liquor are sold at retail on sale.
(B) No person under the age of 21 years may enter a licensed establishment except to work, consume meals on premises that qualify as a restaurant, or attend social functions that are held in a portion of the premises where liquor is not sold.
(Am. Ord. passed 4-11-2018) Penalty, see § 110.99
No person shall mix or prepare liquor for consumption in any public place of business unless it has a license to sell on-sale, or a permit from the Commissioner of Public Safety under the provisions of M.S. § 340A.414, as it may be amended from time to time, which has been approved by the Council, and no person shall consume liquor in any such place.
(Am. Ord. passed 4-11-2018) Penalty, see § 110.99
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