3-1-4: TYPES OF LICENSES:
   A.   "On-Sale Liquor License": "On-sale" intoxicating liquor license shall be issued only to restaurants whose gross food and beverage receipts of the restaurant are at least fifty percent (50%) attributable to the sale of food. This requirement pertains to those restaurants receiving an initial license on or after January 1, 2005, and shall be regulated as follows:
      1.   Each on-sale intoxicating liquor licensee shall have the continuing obligation to have at least fifty percent (50%) of gross food and beverage receipts from the restaurant during the preceding business year attributable to the sale of food.
      2.   For the purpose of this section, "sale of food" shall include gross receipts attributable to the sale of food items, soft drinks and nonalcoholic beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages, such as ice, soft drink mixes or other mixes.
      3.   The restaurant shall submit to the city a copy of the verified state of Minnesota, department of revenue sales and use tax return on an annual basis or as requested. The city may obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records.
      4.   The city may place the license of any on-sale intoxicating liquor licensee on probationary status for up to one year, when the sale of food is reported, or found to be, less than fifty percent (50%) of gross food and beverage receipts for any business year.
      5.   If, after the probationary period, food sales are still less than fifty percent (50%), the establishment shall not be eligible for the renewal of an intoxicating liquor license.
   B.   "On-Sale B Liquor License": (Rep. by Ord. 719, sec. 2, 9-3-2002)
   C.   "Special Club Licenses": Special on-sale licenses shall be issued only to clubs in accordance with the provisions of Minnesota statutes section 340A.404, subdivision 1.
   D.   "On-Sale Sunday Liquor Sale License": On-sale Sunday liquor sale licenses may be issued to establishments holding an on-sale liquor license hereunder. Such license shall permit the sale of liquor to be consumed on the premises in conjunction with the serving of food. A separate application for such license shall be made to the city in the same manner as applications for other licenses to sell intoxicating liquor are made hereunder.
   E.   "Consumption and Display Permit ": A consumption and display permit may be approved for an organization that complies with the requirements of Minnesota statutes section 340A.414. No business establishment or club that does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages or knowingly serve any liquid for the purpose of mixing with intoxicating liquor in the city without first obtaining a consumption and display permit. An applicant for a consumption and display permit shall submit an application for approval by the city to the city clerk. Holders of a consumption and display permit shall comply with the financial responsibility requirements of this chapter and shall pay the fee set by the city council.
   F.   "On-Sale Wine License": On-sale wine licenses may be issued for the sale of wine not exceeding twenty four percent (24%) alcohol by volume for consumption on the licensed premises only, in conjunction with the sale of food. An on-sale wine license may be issued only to a restaurant having facilities for seating at least twenty five (25) guests at one time. The holder of an on-sale wine license who is also licensed to sell 3.2 percent malt liquors at on-sale, and whose gross receipts are at least sixty percent (60%) attributable to the sale of food, is authorized to sell intoxicating malt liquors at on-sale without an additional license.
   G.   "On-Sale 3.2 Percent Malt Liquor License": On-sale 3.2 percent malt liquor licenses shall be granted only to bona fide clubs, beer stores, restaurants and hotels where food is prepared and served for consumption on the premises. On-sale 3.2 percent liquor licenses shall permit the sale of beer for consumption on the premises only.
   H.   "Off-Sale 3.2 Percent Malt Liquor License": Off-sale 3.2 percent malt liquor licenses shall permit the sale of beer at retail, in the original package, for consumption off the premises only.
   I.   "Cocktail Room License": Cocktail room licenses shall be issued only in accordance with Minnesota statutes 340A.
   J.   "On-Sale Brewpub License": On-sale brewpub licenses shall be issued only in accordance with Minnesota statutes 340A.
   K.   "Taproom License": Taproom licenses shall be issued only in accordance with Minnesota statutes 340A.301.
   L.   "Off-Sale Brewpub License": Off-sale brewpub licenses shall be issued only in accordance with Minnesota statutes 340A.
   M.   "Small Brewer Off-Sale Malt Liquor License": Small brewer off-sale malt liquor licenses shall be issued only in accordance with Minnesota statutes 340A. (Ord. 288, sec. 1, 1-21-1986; amd. Ord. 298, sec. 4, 8-18-1986; Ord. 597, sec. 2, 2-18-1997; Ord. 620, sec. 2, 11-17-1997, eff. 1-1-1998; Ord. 776, sec. 2, 11-15-2004; Ord. 937, 4-6-2015; Ord. 942, 6-15-2015; Ord. 956, 2-16-2016; Ord. 1060, 1-3-2022)