(1) General requirements.
(a) No person, except a wholesaler or manufacturer, to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale in the city any intoxicating liquor without first obtaining a license to do so as provided in this chapter. Each license shall be issued for a maximum period of one year, expiring on June 30 of each year. All licenses shall expire on the same date, except temporary licenses that shall expire according to their terms. Liquor licenses shall be of nine kinds:
1. On-sale;
2. On-sale wine;
3. On-sale 3.2% malt liquor;
4. Off-sale 3.2% malt liquor;
5. Off-sale;
6. Club license;
7. Sunday on-sale;
8. Temporary set-up license;
9. Temporary on-sale;
10. On-sale brewer taproom; and
11. Off-sale growler.
(b) For the purposes of this chapter, the term RESTAURANT is defined as an eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. To be a restaurant as defined by this chapter, an establishment shall have a license from the state as required by M.S. § 157.16, as it may be amended from time to time, and meet the definition of either a “small establishment,” “medium establishment” or “large establishment” as defined in M.S. § 157.16, Subd. 3d, as it may be amended from time to time. An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall not be considered to be a restaurant for the purposes of this chapter unless it meets the definitions of an establishment under M.S. § 157.16, as it may be amended from time to time.
(2) On-sale license. On-sale licenses shall be issued only to hotels, clubs, restaurants and exclusive liquor stores and shall permit on-sale of liquor only.
(3) On-sale wine license.
(a) On-sale wine licenses. On-sale wine license shall be issued only 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 which meet the definition of restaurant in division (1)(b) above and shall permit only the sale of wine for consumption on the licensed premises only in conjunction with the sale of food.
(b) Strong beer sales in conjunction with wine and 3.2% beer licenses. Licensees who hold both an on-sale wine license and an on-sale 3.2% malt liquor license and whose gross receipts are at least 60% attributable to the sale of food may sell intoxicating malt liquor (strong beer) at on-sale without an additional license, as allowed by M.S. § 340A.404, Subd. 5, as it may be amended from time to time.
(4) On-sale 3.2% malt liquor license. On-sale 3.2% malt liquor means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2% alcohol by weight. License may be granted only to golf courses, bona fide clubs, beer stores, exclusive on-sale liquor stores, restaurants and hotels where food is prepared and served for consumption on the premises. On-sale licenses shall permit the sale for consumption on the premises only.
(5) Off-sale 3.2% malt liquor license. Off-sale 3.2% malt liquor licenses shall permit the sale of 3.2% malt liquor at retail in the original package for consumption off the premises only.
(6) Off-sale license. Off-sale licenses shall be issued only to exclusive liquor stores and shall permit off-sale of liquor only. Off-sale liquor may be conducted on Sundays. All Sunday off-sale liquor sales must be made between the hours of 11:00 a.m. and 6:00 p.m.
(7) Club license. Club licenses shall be issued only to incorporated clubs which have been in existence for 15 years or more, or to congressionally chartered veterans’ organizations which have been in existence for ten years, and shall permit on-sale of liquor to members and bona fide guests only.
(8) Sunday on-sale license. Sunday on-sale licenses may be issued to any hotel, restaurant or club which has facilities for serving at least 30 guests at one time and meets the definition of restaurant in division (1)(b) above, and which has an on-sale license and shall permit on-sale of liquor on Sunday in conjunction with the serving of meals only. A special license authorizing sales on Sunday may be issued to a license holder of an on-sale brewer taproom license for the operation of a taproom on Sundays.
(9) Temporary set up license. A one-day intoxicating liquor consumption and display permit may be issued to any non-profit organization in connection with a social activity occurring within the city and sponsored by the organization. No more than ten licenses shall be issued in the city in any year. The fee for the license shall be as established in the city fee schedule. A permit shall allow consumption or display of intoxicating liquor and the serving of liquids for the purpose of mixing with intoxicating liquor, but shall not allow the sale of intoxicating liquor. This permit shall be valid only for the day indicated on it. No permit issued pursuant to this division shall be valid unless first approved by the Commissioner of Public Safety.
(10) Temporary on-sale intoxicating liquor and 3.2% malt liquor license. License may be issued only in connection with a social event sponsored by a club, charitable, religious or other non-profit 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. No permit issued pursuant to this division shall be valid unless first approved by the Commissioner of Public Safety.
(11) On-sale brewer taproom. On-sale brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer, subject to the restrictions of this chapter and M.S. § 340A.301, as it may be amended from time to time.
(12) Off-sale growler. An off-sale growler license authorizes off-sale of malt liquor produced by a brewer and packaged in 64-ounce or 750-milliliter containers that are designed, sealed and labeled pursuant to M.S. § 340A.301, as it may be amended from time to time. Only brewers licensed under M.S. § 340A.301(i) or (j) are eligible for an off-sale growler license, subject to the limitations set forth in statute. The off-sale of growlers may be conducted on Sundays. All Sunday growler sales must be made between the hours of 8:00 a.m. and 10:00 p.m.
(Prior Code, § 701.02) (Am. Ord. 3-83, passed 7-11-1983; Am. Ord. 13-99, passed 6-14-1999; Am. Ord. 05-04, passed 3-22-2004; Am. Ord. 20-11, passed 10-10-2011; Am. Ord. 04-12, passed 3-12-2012; Am. Ord. 08-14, passed 9-22-2014; Am. Ord. 05-15, passed 7-27-2015; Am. Ord. 03-17, passed 6-26-2017; Am. Ord. 05-22, passed 12-12-2022)