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(1) Provisions of state law adopted. The provisions of M.S. Ch. 340A, as it may be amended from time to time, with reference to definitions of terms, applications for license, granting of license, conditions of license, restriction on consumption, provision of sales, conditions of bonds of license, hours of sales and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor, are hereby adopted and made a part of this chapter as if fully set out herein. It is the intention of the City Council that all future amendments to M.S. Ch. 340A are hereby adopted by reference or referenced as if they had been in existence at the time this chapter was adopted.
(2) City may be more restrictive than state law. The Council is authorized by the provisions of M.S. § 340A.509, as it may be amended from time to time, to impose and has imposed in this chapter, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Ch. 340A, as it may be amended from time to time.
(Prior Code, § 701.01) (Am. Ord. 13-02, passed 10-28-2002)
(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)
Cross-reference:
City fee schedule, see § 218.01
(1) Forms.
(a) Form. Every application for a license issued under this chapter shall be on a form provided by the city. Every application shall state the name of the applicant, the applicant's age, representations as to the applicant's character, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in business at that place and other information as the Council may require. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an application.
(b) Description of premises. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Sale and consumption of intoxicating liquors on premises with an on-sale license is limited to within the building at the address designated on the license unless the license specifically grants permission for sale and consumption outside of the building. Any area outside of the building where liquor will be served, such as a patio, garden or sidewalk area, must be described on the license, must be contiguous to the building and must be covered by liability insurance. The description may not include any parking lot or sidewalk.
(2) Liability insurance. Prior to the issuance of a liquor license or a wine license, the applicant shall file with the City Clerk a liability insurance policy in the minimum amount of $100,000 coverage for one person and $300,000 coverage for more than one person, which shall comply with provisions of M.S. § 340A.409, as it may be amended from time to time, relating to the liability insurance policies. The liability insurance policies shall further provide that no cancellation of the same for any cause can be made either by the insured or the insurance company without first giving ten days notice to the city in writing. The operation of a licensed premises without having on file at all times with the city the required liability insurance policy shall be grounds for immediate revocation of license.
(Prior Code, § 701.03) (Am. Ord. 08-91, passed 5-28-1991; Am. Ord. 13-99, passed 6-14-1999; Am. Ord. 03-10, passed 3-8-2010)
(1) Amounts. The annual fee for liquor licenses shall be as stated in the annual fee schedule adopted by the City Council. The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this chapter. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing.
(2) Payment. Each application for a liquor license shall be accompanied by a receipt from the City Clerk for payment in full of the license fee and the fixed investigation fee required under § 701.05(1). All fees shall be paid into the general fund. If an application for a license is rejected, the City Clerk shall refund the amount paid as the license fee.
(3) Term, pro-rata fee. Each license shall be issued for a period of one year, except, that if the application is made during the license year, a license may be issued for the remainder of the year for a pro-rata fee with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of June.
(4) Refunds. A refund of a pro-rata share of an annual license fee may occur only if authorized by M.S. § 340A.408, Subd. 5, as it may be amended from time to time.
(Prior Code, § 701.03) (Am. Ord. 13-02, passed 10-28-2002)
Cross-reference:
City fee schedule, see § 218.01
(1) Preliminary investigation.
(a) Preliminary background and financial investigation. On an initial application for a license, on an application for transfer of a license and 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 that is established in the city’s fee schedule, which shall be in addition to any license fee. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale liquor license or an on-sale wine license.
(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 city 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 shall be the same amount as the fee established for the preliminary investigation, unless the investigation is required out of the state in which case the fee shall be $10,000. The unused balance of the fee for a comprehensive background and financial investigation shall be returned to the applicant whether or not the application is denied. The fee shall be paid by the applicant and in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale liquor license or an on-sale wine license.
(c) Inspection of premises. The applicant shall at all times permit the health officers and representatives of the Police and Fire Departments to inspect and examine the place of business described in the application, together with all appliances, instruments or equipment used or to be used in the conduct of the business for which the license is sought and any refusal on the part of the applicant to permit the inspection or any false statement in the application shall be sufficient ground for the refusal to issue the license or to revoke the same after issuance thereof.
(2) Hearing and issuance. The Council shall investigate all facts set out in the application and not investigated in the preliminary background and financial investigation. 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 discretion, grant or refuse the application. No on-sale, on-sale wine license, off-sale license or club license shall become effective until it, together with the security furnished by the applicant has been approved by the Commissioner of Public Safety.
(3) Transfers. Each license shall be issued only to the applicant and for the premises described in the application. No license shall be transferred to another person or place without Council approval. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply. The transfer of any stock of a corporate licensee shall be deemed a transfer of the license, and any transfer of any stock without prior Council approval shall render the license void.
(4) Corporate license. Licenses may be issued to a partnership or a corporation.
(Prior Code, § 701.05)
(5) Council discretion. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this chapter.
(Am. Ord. 13-99, passed 6-14-1999)
Cross-reference:
City fee schedule, see § 218.01
No license shall be granted to any person made ineligible for the license by state law. No more than one intoxicating liquor license shall be directly or indirectly issued within the city to any one person, unless the additional intoxicating liquor licenses are on-sale licenses issued to restaurants, as defined in § 701.02(1)(b).
(Prior Code, § 701.06) (Am. Ord. 13-99, passed 6-14-1999; Am. Ord. 02-15, passed 6-22-2015)
(1) General. No license shall be issued for any place of any business ineligible for a license under state law.
(2) Delinquent taxes and charges. No license shall be granted for operation on any premises for which taxes, assessments or other financial claims of the city are delinquent and unpaid.
(3) Distance from school or church. No license shall be granted within 1,000 feet of any school or within 1,000 feet of any church. The distance shall be measured from the main entrance of the school or church to the main entrance of the applicant's place of business.
(a) For the purposes of the separation restriction in this division, a school is a building that is principally used as a place where 25 or more persons receive a full course of educational instruction and the educational instruction is provided on a daily basis by an established school board or church. This does not include any post-secondary or post-high school educational building, including any college or any vocational-technical college. Nor does the separation apply to a daycare or early childhood facility, where children typically are under constant supervision while at the facility and when traveling to and from the facility.
(b) The establishment of a school or church within the separation distance after an original liquor license application has been granted shall not, in and of itself, render the premises ineligible for renewal of the license.
(c) This separation distance restriction shall not be applicable if a school or church is located in a limited business or general business zoning district.
(Prior Code, § 701.07) (Am. Ord. 13-99, passed 6-14-1999; Am. Ord. 04-09, passed 8-10-2009)
Cross-reference:
City fee schedule, see § 218.01
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