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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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§ 111.15 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)
§ 111.17 TRANSFER OF LICENSE.
   No license issued under this chapter may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. 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.
(Ord. 172, passed 7-25-11) Penalty, see § 111.99
§ 111.18 INVESTIGATION.
   (A)   Preliminary background and financial investigation. On an initial application for a license, on an application for transfer of a license and, in the sound discretion of the Council that it is in the public interest to do so, un 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 of $500 which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating 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 Council 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 to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, if the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid 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 intoxicating liquor license or an on-sale wine license.
(Ord. 172, passed 7-25-11)
§ 111.19 HEARING AND ISSUANCE.
   The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background and financial investigations. 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 sound discretion grant or deny the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety.
(Ord. 172, passed 7-25-11)
§ 111.20 RESTRICTIONS ON ISSUANCE.
   (A)   Each license shall be issued only to the applicant for the premises described in the application.
   (B)   Not more than one license shall be directly or indirectly issued within the city to any one person or for any one place.
   (C)   No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the city are delinquent and unpaid
   (D)   No license shall be issued for any place or any business ineligible for a license under state law.
   (E)   No license shall be issued to any person who is not a resident of the state. If the applicant is a corporation, all of the shareholders shall be residents of the state. The provisions of this division (E) shall not apply to any license existing on the effective date of this chapter or to the renewal of an existing license.
   (F)   No license shall be granted within 250 feet of any school or church. The distance is to be measured from the closest side of the church to the closest side of the structure on the premises within which liquor is to be sold.
(Ord. 172, passed 7-25-11)
§ 111.21 CONDITIONS OF LICENSE.
   The failure of a licensee to meet any one of the conditions of the license specified below shall result in a suspension of the license until the condition is met.
   (A)   At least one representative of each licensee must attend all mandatory license training seminars conducted by the Carver County Sheriffs Department or the Minnesota Alcohol and Gambling Board. The representative need not be the same person each time, but must hold a position of responsibility in either the ownership or management of the licensee.
   (B)   Every licensee is responsible for the conduct of the place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee.
   (C)   Every licensee shall allow any peace officer, health officer, city employee, or any other person designated by the Council to conduct compliance checks and to otherwise enter, inspect, and search the premises of the licensee during business hours and after business hours during the time when customers remain on the premises without a warrant.
   (D)   No on-sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
   (E)   Compliance with financial responsibility requirements of slate law and of this chapter is a continuing condition of any license.
   (F)   Failure by on off-sale intoxicating liquor license who has received a fee reduction pursuant to § 111.11(F) to abide with the provisions of § 111.11(F).
(Ord. 172, passed 7-25-11) Penalty, see § 111.99
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