Section 112.33(A) of the Minnesota Basic Code, regarding hours and days of liquor sales, shall be amended as follows:
(A) Definitions.
APPLICANT.
The term "applicant" means any applicant which is a hotel, restaurant or club as defined in M.S. § 340.07 and which is currently licensed to sell intoxicating liquor for consumption on the premises within the City of Littlefork, Minnesota.
INTOXICATING LIQUOR.
The terms "intoxicating liquor" and "liquor" mean ethyl alcohol and distilled and spirituous beverages, containing in excess of 3.2% and includes strong beer and wine.
SPECIAL LICENSE.
The term "special license" as used in this section means a permit issued by the city to a special licensee allowing the special licensee to sell intoxicating liquor for consumption on the premises between the hours of 12:00 o'clock noon and 12:00 o'clock midnight Sundays.
SPECIAL LICENSEE.
"Special licensee" means any person who holds a valid, current, unexpired, and unrevoked license from the City of Littlefork for carrying on the business regulated under this section.
(B) License required. No person shall sell intoxicating liquor for consumption on the premises between the hours of 12:00 o'clock noon and 12:00 o'clock midnight, Sundays, without first having received a license to do so as provided herein.
(C) License fee.
(1) The annual license fee for a "special license" authorizing the sale of intoxicating liquor for consumption on the premises between the hours of 12:00 o'clock noon and 12:00 o'clock midnight, Sundays, shall be $150 and all licenses shall expire on March 31 each year. The fee for a license granted after the commencement of the license year shall be prorated on a monthly basis, and each part of a month shall constitute a full month.
(2) All of the license fees shall be paid upon application. All fees shall be paid into the general fund of the city and shall be paid in cash or by check. Upon rejection of any application for a special license or upon withdrawal of an application before approval of the issuance by the Council, the fee paid shall be refunded to the applicant, except where objection is for a willful misstatement in the special license application. Failure to pay any portion of the fee, when due, shall be cause for revocation.
(3) No part of the fee paid for any license shall be refunded except in accordance with this subdivision.
(4) Where a new application is filed as the result of incorporation by an existing licensee and the interest in the special license is unchanged, no additional license fee will be required.
(D) Application for license. The application for a "special license" for the sale of intoxicating liquor for consumption on the premises between the hours of 12:00 o'clock noon and 12:00 o'clock midnight, Sundays, shall be made in the form prescribed by the Liquor Control Commissioner, and shall contain any other information that the Council may require from time to time.
(E) Renewal applications. All applications for the renewal of an existing special license shall be made at least 60 days prior to the date of expiration of the license and shall be made in such abbreviated form as the Council may approve. If, in the judgment of the Council good and sufficient cause is shown by any applicant for his failure to file for a renewal within the time provided, the Council may, if other provisions of this chapter are complied with, grant the application.
(F) Execution of the application. The application shall be signed and sworn by the person operating as a hotel, restaurant or club and holding a valid current, unexpired and unrevoked license from the City of Littlefork, for the sale of intoxicating liquor on the premises.
(G) License transfers. Each special license shall be issued to the applicant only. Each special license shall be issued only for the premises described in the application. No special license may be transferred to another person or to another place without the approval of the Council.
(H) License requirements. Special licenses for the sale of intoxicating liquor for the consumption on the premises between the hours of 12:00 o'clock noon and 12:00 o'clock midnight, Sundays shall be issued only to hotels, restaurants and clubs who have been licensed to sell intoxicating liquor for consumption on the premises.
(I) Revocation of license. The Council may suspend or revoke any special license issued under this section for a violation of any provision or condition of this section or any city ordinance or license requirement regulating the sale of intoxicating liquor or any state law regulating the sale of liquor and intoxicating liquor and shall revoke such license if the special licensee willfully violates any provision of M.S. Chapter 340. Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by written notice to the special licensee, and a public hearing shall be held.
(J) The provisions of this section do not apply to the Municipal Liquor Store and drinking establishment licensed and operating within the City of Littlefork, Minnesota. The Municipal Liquor Store and drinking establishment shall be allowed to sell intoxicating liquor for consumption on the premises between the hours of 12:00 noon and 12:00 midnight Sundays, and license to so act is herewith automatically granted upon the passage of this ordinance. The city may revoke this permit to the municipal liquor store and drinking establishment at any time upon ordinance or resolution passed by the City Council.
(Ord. 81, passed 4-17-1986; Ord. passed 12-10-1997)