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Mayer, MN Code of Ordinances
MAYER, MINNESOTA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 111.09 TERM AND EXPIRATION OF LICENSES.
   Each license shall be issued for a maximum period of one year. All licenses, except temporary licenses, shall expire on the last day of February of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Consumption and display permits issued by the Commissioner of Public Safety, and the accompanying city consent to the permit, shall expire on March 31 of each year.
(Ord. 172, passed 7-25-11)
§ 111.10 KINDS OF LIQUOR LICENSES.
   The Council is authorized to issue the following licenses and permits, up to the number specified in § 111.08.
   (A)   3.2 percent malt liquor on-sale licenses, which may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks.
   (B)   3.2 percent malt liquor off-sale license.
   (C)   Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization.
   (D)   Off sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off sale license which was first issued on or before May 1, 1994. The fee for an off sale intoxicating liquor license established by the Council under § 111.11 shall not exceed $240 or a greater amount which may be permitted by M.S. § 340A.408, subd. 3, as it may be amended from time to time.
   (E)   On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by M.S. § 340A.101, as it may be amended from time to time, and this chapter: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans organizations, theaters and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under § 111.11 shall not exceed the amounts provided for in M.S. § 340A.408, subd. 2b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of M.S. § 340A.404, subd. 4b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the city, under the provisions of M.S. § 340A.404, subd. 4a, as it may be amended from time to time. The licensee shall not dispense intoxicating liquor to any person attending or participating in a youth amateur athletic event, for persons 18 years of age or younger, held on the premises.
   (F)   Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a general or special election as provided by M.S. § 340A.504, subd. 3, as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in § 111.03, club, bowling center, or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license, which shall be established by the Council under the provisions of § 111.11 of this chapter, shall not exceed $200, or the maximum amount provided by M.S. § 340A.504, subd. 3c, as it may be amended from time to time.
   (G)   Combination on-sale/off-sale intoxicating liquor licenses if the city has a population less than 10,000.
   (H)   Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit 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.
   (I)   On-sale wine licenses, with the approval of the Commissioner of Public Safety to: theaters, 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 lime, and which meet the definition of restaurant in § 111.03; to licensed bed and breakfast facilities which meet the criteria in M.S. § 340A.404, subd. 5, as it may be amended from time to time and to theaters that meet the criteria of M.S. § 340A.404, subd. 1(b), as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of § 111.11, shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license.
   (J)   One day consumption and display permits with the approval of the Commissioner of Public Safety to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization.
   (K)   Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety. The maximum amount of the additional fee which may be imposed by the Council on a person who has been issued a consumption and display permit under the provisions of § 111.11 shall not exceed $300, or the maximum amount permitted by M.S. § 340A.414, subd. 6, as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year.
   (L)   Culinary class limited on-sale licenses may be issued to a business establishment not otherwise eligible for an on-sale intoxicating liquor license that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or 12 ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only.
   (M)   Temporary off-sale wine licenses, with the approval of the Commission of Public Safety, may be issued for the off-sale of wine at an auction. A license issued under this subdivision authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three consecutive days provided not more than 600 cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by § 111.11.
   (N)   Brew pub on-sale intoxicating liquor or on-sale 3.2 percent malt liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at M.S. § 340A.301 subd. 6(d) and 7(b), as it may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per year. If a brew pub licensed under this section possesses a license for off-sale under division (O) of this section, the brew pub’s total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
   (O)   Brewer off-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to a brewer that is a licensee under division (N) of this section or that produces fewer than 3,500 barrels of malt liquor in a year and otherwise meets the criteria established at M.S. § 340A.301 subd. 6(d) and 7(b), as it may be amended from time to time. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the city. Malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by M.S. § 340A.301 subd. 7, as it may be amended from time to time. Sales under this license may not exceed 500 barrels per year. If a brewer licensed under this section possesses a license under division (N) of this section, the brewer’s total retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
   (P)   Brewer temporary on-sale intoxicating liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer.
   (Q)   On-sale malt liquor licenses and/or on-sale wine licenses may be issued 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 city for the purposes of summer collegiate league baseball games, and town baseball games, any other events at the ballpark or stadium. A license issued under this division authorizes sales on all days of the week to persons attending baseball games and any other events at the ballpark or stadium.
(Ord. 172, passed 7-25-11; Am. Ord. 234, passed 6-13-22) Penalty, see § 111.99
§ 111.11 LICENSE FEES; PRO RATA.
   (A)   No license or other fee established by the city shall exceed any limit established by M.S. Ch. 340A, as it may be amended from time to time, for a liquor license.
   (B)   The Council may establish from time to time in the Ordinance Establishing Fees and Charges the fee for any of the liquor licenses it is authorized to issue. 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.
   (C)   The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a per diem basis based on a 365 day license year.
   (D)   All license fees shall be paid in full at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant.
   (E)   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.
   (F)   Off-sale intoxicating liquor licensees may request a reduction in their annual license fee by the amount specified in M.S. § 340A.408 if at the time of initial application or renewal they:
      (1)   Agree to have a private vendor approved by the city train all employees within 60 days of hire and annually thereafter in laws pertaining to the sale of alcohol, the rules for identification checks, and the responsibilities of establishments serving intoxicating liquors;
      (2)   Post a policy requiring identification checks for all persons appearing to be 30 years old or less;
      (3)   Establish a written cash award and incentive program to award employees who catch underage drinkers and a written penalty program to punish employees in the event of a failed compliance check; and
      (4)   Failure to abide by the provisions of this paragraph may result in suspension of the license until the conditions of the fee reduction are met and may result in suspension and/or revocation of the license pursuant to § 111.25.
(Ord. 172, passed 7-25-11)
§ 111.12 COUNCIL DISCRETION TO GRANT OR DENY A LICENSE.
   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.
(Ord. 172, passed 7-25-11)
§ 111.13 APPLICATION FOR LICENSE.
   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 that business at that place, and other information as the Council may require from time to time. 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.
(Ord. 172, passed 7-25-11) Penalty, see § 111.99
§ 111.14 FINANCIAL RESPONSIBILITY; LIABILITY INSURANCE REQUIRED.
   (A)   No retail license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by M.S. § 340A.801. The Clerk must submit to the Commissioner the applicant’s proof of financial responsibility. The minimum requirement for proof of financial responsibility may be given by filing:
      (1)   A certificate that there is in effect for the license period an insurance policy issued by an insurer required to be licensed under M.S. § 60A.07, subd. 4, or by an insurer recognized as an eligible surplus lines carrier pursuant to M.S. § 60A.206 or pool providing at least $100,000 of coverage because of bodily injury to any one person in any one occurrence, $200,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $100,000 for loss of means of support of any one person in any one occurrence, and $200,000 for loss of means of support of two or more persons in any one occurrence;
      (2)   A bond of a surety company with minimum coverages as provided in division (A)(1) of this section; or
      (3)   A certificate of the commissioner of management and budget that the licensee has deposited with the commissioner of management and budget $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000.
   (B)   This section does not prohibit an insurer from providing the coverage required by this section in combination with other insurance coverage.
   (C)   An annual aggregate policy limit for dram shop insurance of not less than $300,000 per policy year may be included in the policy provisions.
   (D)   A liability insurance policy required by this section must provide that it may not be canceled for:
      (1)   Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given 30 days’ notice in writing to the issuing authority of intent to cancel the policy; and
      (2)   Nonpayment of premium unless the canceling party has first given ten days’ notice in writing to the issuing authority of intent to cancel the policy.
   (E)   In the event of a policy cancellation, the insurer will send notice to the insuring authority at the same time that a cancellation request is received from or a notice is sent to the insured.
   (F)   All insurance policies which provide coverage with regard lo any liability imposed by M.S. § 340A.801 must contain at least the minimum coverage required by this section.
   (G)   No licensee shall commence business until the offered security has been approved by the council nor continue in business after the security is no longer in force. The council may disapprove any bond, insurance policy or other security upon finding that it does not meet the requirements of this code or other law, or that the security or insurance may become unable to pay any claim which may arise.
   (H)   Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. § 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this chapter without having on file with the city at all times effective proof of financial responsibility is a cause for revocation of the license.
(Ord. 172, passed 7-25-11)
§ 111.15 DESCRIPTION OF PREMISES.
   The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. The description may not include any parking lot or sidewalk.
(Ord. 172, passed 7-25-11)
§ 111.16 APPLICATIONS FOR RENEWAL.
   At least 90 days before a license issued under this chapter is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests within the sound discretion of the Council. No licensee has a right to have the license renewed.
(Ord. 172, passed 7-25-11)
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