(A) On-sale intoxicating licenses. On-sale intoxicating licenses shall be issued to proprietors of hotels, clubs and restaurants and such other establishments for the sale of on-sale liquors as provided in M.S. § 340A.404, as it may be amended from time to time, as may be located within the corporate limits of the city. The annual fees for the licenses shall be in an amount not to exceed any limitations set by state statutes as the City Council may determine from time to time by resolution. The number of on-sale intoxicating liquor licenses issued by the city shall be limited to seven licenses.
(B) Off-sale intoxicating licenses. Off-sale intoxicating licenses shall be issued only to proprietors of exclusive liquor stores or to such other person, firms or corporations allowed by M.S. § 340A.405, as it may be amended from time to time, and the annual fee for the licenses shall be in an amount not to exceed any limitations set by state statutes as the City Council may determine from time to time by resolution.
(C) Sunday liquor licenses. Sunday liquor licenses include a restaurant, club, bowling center or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food upon application and issuance to it of a Sunday intoxicating liquor license. The license fee shall be in the amount set forth in M.S. § 340A.504, as it may be amended from time to time.
(D) On-sale non-intoxicating licenses. On-sale non-intoxicating licenses shall be issued to proprietors of hotels, clubs and restaurants and other establishments for the sale of on-sale liquors, as may be located at any time within the corporate limits of the city. The annual fee for the licenses shall be in the amount not to exceed any limitations set by the state statutes as the City Council may determine from time to time by resolution.
(E) Off-sale non-intoxicating licenses. Off-sale non-intoxicating licenses shall be issued only to proprietors of exclusive liquor stores or to other persons, firms or corporations allowed by state statutes and approved by the City Council and the annual fee for the licenses shall be in the amount not to exceed any limitations set by state statutes as the City Council may determine from time to time by resolution.
(F) On-sale wine licenses. On-sale wine licenses, as provided in M.S. § 340A.404, as it may be amended from time to time, may be issued to the following qualifying applicants within the city’s jurisdiction:
(1) A municipality may issue an on-sale wine license with the approval of the Commissioner to a restaurant having facilities for seating at least 25 guests at one time. A wine license permits the sale of wine of up to 24% alcohol by volume for consumption. A wine license authorizes the sale of wine on all days of the week unless the issuing authority restricts the license’s authorization to the sale of wine on all days except Sundays.
(2) A municipality may issue an on-sale wine license and an on-sale malt liquor license to a person who is the owner of a summer collegiate league baseball team or baseball team competing in a league established by the Minnesota Baseball Association, or to a person holding a concessions or management contract with the owner, for beverage sales at a ballpark or stadium located within the municipality for the purposes of summer collegiate league baseball games, town ball games, and any other events at the ballpark or stadium, notwithstanding any law, local ordinance, or charter provision. A license issued under this division (F)(2) authorizes sales on all days of the week to persons attending baseball games and any other events at the ballpark or stadium.
(G) Notice of increased license fees. No license fee as described in divisions (A) through (F) above shall be increased except after notice and hearing on the proposed increase. Notice of the proposed increase must be mailed to all affected licensees at least 30 days before the date set for the hearing.
(H) Bottle club registration.
(1) No business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purposes of mixing with intoxicating liquor without first having obtained a permit from the Liquor Control Director.
(2) (a) The Director may issue a permit under this section only to:
1. An applicant who has not, within five years prior to the application, been convicted of a felony or of violating any provision of this chapter or rule adopted under this chapter;
2. A restaurant;
3. A hotel;
4. An establishment licensed for the sale of 3.2% malt liquor;
5. A resort as defined in M.S. § 157.15, as it may be amended from time to time; and
6. A club as defined in M.S.§ 340A.101, Subdivision 7, as it may be amended from time to time, or an unincorporated club otherwise meeting that definition.
(b) The Director may not issue a permit to a club holding an on-sale intoxicating liquor license.
(3) A permit issued under this section authorizes the establishment to permit consumption and display of intoxicating liquor on the premises. The permit does not authorize the sale of intoxicating liquor.
(4) All permits issued under this section expire June 30 of each year.
(5) A permit issued under this section is not effective until approved by the City Council.
(6) The annual fee for issuance of a permit under this section may be amended from time to time as set forth by M.S. Chapter 340A, as it may be amended from time to time. In addition, the city may impose a fee not to exceed any limitations set by state statutes as the City Council may determine from time to time by resolution.
(7) An establishment holding a permit under this section is open for inspection by the Liquor Control Director and the Director’s representative and by peace officers, who may enter and inspect during reasonable hours. Intoxicating liquor sold, served or displayed in violation of law may be seized and may be disposed of under M.S. § 297G.20, as it may be amended from time to time.
(8) A club issued a permit under this section may allow members to bring and keep a personal supply of intoxicating liquor in lockers on the club’s premises. All bottles kept on the premises must have attached to it a label signed by the member. No person under 21 years of age may keep a supply of intoxicating liquor on club premises.
(I) Temporary on-sale license. The City Council may issue to a club or charitable, religious or other non-profit organization a temporary on-sale intoxicating liquor license in connection with a social event within the city sponsored by the proposed licensee. The license may authorize the on-sale of intoxicating liquor for not more than three consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on-sale intoxicating liquor license issued by any municipality. The city may further impose any other terms to the license that it deems necessary. Licenses issued under this division are subject to all laws and ordinances governing the sale of intoxicating liquor except for those laws and ordinances which by their nature are not applicable. Licenses under this division are not valid unless first approved by the Commissioner of Public Safety. The fee for the license shall be in an amount not to exceed any limitations set by state statutes as the City Council may determine from time to time by resolution.
(J) Premises license (enclosed area).
(1) The application for any license granted hereunder shall contain a detailed description of the premises upon which intoxicating or non-intoxicating liquor shall be sold. Accompanying that description on the application shall be a drawing which designates the area to be licensed, which drawing shall be deemed a part of the application.
(2) Except as otherwise provided in this division, no premises shall be included in the license unless the premises is a completely enclosed building or portion thereof.
(K) Premises license (non-enclosed area).
(1) An applicant may make application to have an area that is contiguous to the completely enclosed licensed premises included in the area licensed to permit the sale and/or consumption of intoxicating and/or non-intoxicating liquor in contiguous area that is not wholly within a completely enclosed building. The application shall be accompanied by a review fee, the amount of which shall be determined by resolution of the City Council from time to time and which fee shall be non-refundable.
(2) Each application pursuant to division (K)(1) above shall contain a description of the non-enclosed area that is proposed to be licensed and shall be accompanied by a drawing of the proposed area to be licensed. The application shall also include a detailed scale description of the barriers that will be used, method of seating, ingress and egress arrangements, security provisions, sanitary and fire arrangements and lighting. The drawings required in this section shall include the dimensions of the area, barriers, tables, aisles and equipment and shall be drawn proportionately to scale.
(3) The application pursuant to division (K)(1) above shall be submitted to the Chief of Police, Fire Chief, Zoning Administrator, City Attorney, Public Works Director, City Administrator and other city officials as appropriate, for review and comment before submission to the City Council. The aforementioned city staff shall review the suitability of the proposed, non-enclosed premises in light of the applicable fire, building and light safety codes, zoning ordinances, past performance of the licensee in maintaining order on the licensed premises and obeying applicable laws, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surrounding land, adequacy of lighting, appropriateness of noise level, suitability of ingress and egress arrangements including control of persons entering and leaving for purposes of preventing consumption by persons under the age of 21 years and safety of seating arrangements.
(4) Any application granted for the inclusion of non-enclosed premises in the licensed premises shall be granted upon the terms and conditions as the City Council may specify in granting the application relating to the limits of the use, including provisions relating to:
(a) Hours of operation in the unenclosed area;
(b) Barriers to be maintained delineating the unenclosed area such as requiring planters, walls or fences;
(c) Minimum lighting requirements;
(d) Days of the week or months that the unenclosed premises may be used;
(e) Personnel required to supervise the unenclosed area;
(f) Items required by applicable fire, building and light safety codes;
(g) Maximum number of persons who may be present at any one time;
(h) Means and methods used to restrict consumption to licensed area and prevent removal or consumption of beverages outside licensed area;
(i) The type of beverage container used; and
(j) Sanitary facilities provided, their location and number.
(5) Any licensing of an unenclosed premises shall be deemed experimental and as such, no expectation shall be had by the licensee that the licensing of the unenclosed premises will be renewed, even though no misconduct occurred on the unenclosed premises. The City Council may determine to repeal the general authorization for unenclosed areas to be included in the licensed premises of establishments at any time.
(6) An applicant may make application to have an area that is contiguous to the licensed, completely enclosed premises temporarily included in the area licensed to permit the sale and/or consumption of intoxicating and/or non-intoxicating liquor in a contiguous area that is not wholly within a completely enclosed building. The application shall be an additional application that shall be accompanied by a fee in an amount determined by resolution of the City Council from time to time. The fee shall be non-refundable and in addition to any other investigation fee required. The application for a temporary use of contiguous, non-enclosed premises shall comply with all requirements set forth in division (K)(4) above in terms of the requirements and standards for its issuance and the terms of the licensor, provided however, that only plastic cups may be used to serve beverages and no glass beverage containers or beverage cans may be used or present in the unenclosed, temporarily licensed premises. The temporary use shall not exceed one consecutive three-day period.
(7) In the event that a contiguous area to be licensed is owned or possessed by a third party, including, but not limited to, public rights-of-way, the contiguous area shall not be licensed until the applicant obtains permission by the owner or occupant to use the premises evidenced by a written document such as a lease or license. A copy of the written document shall be submitted by applicant with the application.
(Ord. 474, passed 6-23-2003)