For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
3.2% MALT LIQUOR. Malt liquor containing not less than 0.5% alcohol by volume, nor more than 3.2% alcohol by weight.
ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume, including, but not limited to, beer, wine and liquor as defined in this section.
APPLICANT. Any person making an application for a license under this chapter at least 21 years of age or older.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
BREWER. A person who manufactures malt liquor for sale.
BREWER TAPROOM. A facility on or adjacent to premises owned by a brewer licensed under M.S. § 340A.301, subd. 6(c), (6)(i) or (6)(j), as it may be amended from time to time, and produces less than 250,000 barrels of malt liquor annually, and where the on-sale and consumption of malt liquor produced by the brewer is permitted pursuant to M.S. § 340A.301, subd. 6(b), as it may be amended from time to time.
CHURCH. A building which is principally used as a place where persons of the same faith regularly assemble for public worship.
CITY. The City of Luverne.
CLUB.
(1) An incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement or for the promotion of sports or a congressionally chartered veterans’ organization, which:
(a) Has more than 30 members;
(b) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and
(c) Is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose.
(2) No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the CLUB, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. The CLUB or congressionally chartered veterans’ organization must have been in existence for at least three years.
COMMISSIONER. The Commissioner of Public Safety, except as otherwise provided.
CONVENTION CENTER. A building or set of buildings designed to have a guest capacity of at least 100 persons designed exclusively for organized events such as banquets, receptions, or other large- scale social events.
DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use.
FARM WINERY. A winery operated by the owner of a Minnesota farm and producing table, sparkling or fortified wines from grapes, grape juice, other fruit bases or honey with a majority of the ingredients grown or produced in Minnesota.
HOTEL. An establishment where food and lodging are regularly furnished to transients and which has:
(1) A resident proprietor or manager;
(2) A dining room serving the general public at tables and having facilities for seating at least 50 guests at one time; and
(3) At least 20 guest rooms.
INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2% of alcohol by weight.
LICENSE. A document, issued by the city, to an applicant permitting him or her to carry on and transact the business stated therein.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein.
LICENSEE. An applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying on the business stated therein.
LICENSED PREMISES. The premises described in the approved license application, subject to the provisions of M.S. § 340A.410, subd. 7, as it may be amended from time to time.
LIQUOR CATERER’S PERMIT. A state liquor catering permit for on-sale of intoxicating liquor as an incidental part of a food service that serves prepared meals at a place other than the premises for which the holder’s on-sale intoxicating license is issued.
MALT LIQUOR. Any beer, ale or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume.
MANUFACTURER. A person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces intoxicating liquor for sale.
MINOR. Any natural person who has not attained the age of 21 years.
OFF-SALE. The sale of alcoholic beverages in original packages for consumption off the licensed premises only.
OFF-SALE MALT LIQUOR (128 OUNCES). Brewer off-sale malt liquor licenses may also be issued, with approval of the Commissioner, to a holder of a brewer's license under M.S. § 340A.301, subd. 6(c), (i) or (j) and meeting the criteria established by M.S. § 340A.29 as may be amended from time to time. The amount of malt liquor sold at off-sale under this license may not exceed 128 ounces per customer per day.
OFF-SALE MALT LIQUOR (GROWLER). The sale of malt liquor in 64-ounce containers, commonly known as growlers, by a brewery licensed under M.S. § 340A.301, as it may be amended from time to time, for consumption off the premises. This license is exempt from maintaining minimum food service requirements. A state wholesaler’s/manufacturers intoxicating liquor license is required. Brewers are limited to producing less than 3,500 barrels of malt liquor per year. Example: microbrewery.
ON-SALE. The sale of alcoholic beverages for consumption on the licensed premises only.
PACKAGE and ORIGINAL PACKAGE. Any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
PUBLIC FACILITY. A park, community center or other accommodation or facility owned or managed by or on behalf of a subdivision of the state, including any county, city, town, township or independent district of the state.
RESTAURANT. As defined in M.S. § 340A.101, subd. 25, as it may be amended from time to time.
RETAIL. Sale for consumption.
SALE, SELL and SOLD. All barters and all manners or means of furnishing alcoholic beverages to persons, including the furnishing in violation or evasion of law.
THEATER. A building containing an auditorium in which live dramatic, musical, dance or literary performances are regularly presented to holders of tickets for those performances.
WHOLESALER. Any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse.
WINE. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than 0.5%, nor more than 24%, alcohol by volume for non-industrial use. WINE does not include distilled spirits, as defined herein.
(Prior Code, § 5.01) (Ord. 335, Third Series, effective 6-26-2014; Am. Ord. 17, Fourth Series, effective 5-27-2021; Ord. 28, Fourth Series, effective 7-7-2022)
Statutory reference:
Related provisions, see M.S. § 340A.101