A. State Law: No license shall be granted to or held by any person made ineligible for such a license by state law 1 . (Ord. 214, sec. 1, 12-6-1982)
B. Multiple Interest: No person shall have an interest in more than two (2) on-sale intoxicating liquor licenses in the city. (Ord. 463, sec. 1, 5-4-1992)
C. Operating Officer: No license shall be granted to a corporation that does not have an operating officer who is eligible pursuant to the provisions of this chapter. (Ord. 877, 4-4-2011)
D. Real Party In Interest: No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provisions of subsections A and B of this section or who, in the judgment of the council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. (Ord. 214, sec. 1, 12-6-1982)
E. Residency Requirements; Renewal: (Rep. by Ord. 877, 4-4-2011)
F. "Interest" Defined: The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of five percent (5%) or less in any corporation holding a city liquor license. A person who receives monies from time to time directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide", the reasonable value of the goods or things received as consideration for the payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. (Ord. 214, sec. 1, 12-6-1982)
G. Outstanding Debts: No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments, or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of chapter 278 Minnesota statutes, questioning the amount or validity of taxes, the council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. (Ord. 298, sec. 17, 8-18-1986)
H. Criminal History: City council shall have the right to deny a license to any applicant who has any of the following criminal history:
1. Convicted felon.
2. Driver's license that was canceled as inimical to public safety.
3. Pattern of alcohol related offenses. (Ord. 957, 2-16-2016)
Notes
| 1 | 1. MSA 340A.301. |