Loading...
It shall be the duty of all police officers of the city to enforce the provisions of this subchapter to search premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be violating this subchapter and to prepare the necessary processes and papers therefor.
(’77 Code, § 602.05)
INTOXICATING LIQUOR LICENSES
The provisions of M.S. Chapter 340A, as it may be amended from time to time, relating to the definition of terms, licensing, consumption, sales, financial responsibility of licensees and hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor are adopted and made a part of this subchapter as if set out in full.
(’77 Code, § 601.01)
Temporary on-sale licenses. Subject to the approval of the Commissioner of Public Safety, temporary on-sale licenses shall be issued only to clubs or charitable, religious or other non-profit organizations in existence for at least three years. A temporary license authorizes the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee and subject to restrictions imposed by the state liquor act.
(’77 Code, § 601.01)
(A) (1) Forms. Every application for a license to sell liquor 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, citizenship, the type of license applied for, the business in connection with which the proposed license will operate, and its location, whether the applicant is owner and operator of the business, how long the applicant has been at that address at that place and other information as the Council may require from time to time. Every application shall also include a copy of each summons received by the applicant under M.S. § 340A.802, as it may be amended from time to time, during the preceding year. In addition to containing the information, the application shall be in the form prescribed by the Bureau of Criminal Apprehension and shall be verified and filed with the City Clerk/Treasurer/Administrator. No person shall make a false statement in an application.
(2) Liability insurance. Prior to the issuance of a liquor license, the applicant shall file with the City Clerk/Treasurer/Administrator a liability insurance policy in the amount of $50,000 coverage for one person and $100,000 coverage for more than one person and shall comply with the provisions of M.S. § 340A.409, as it may be amended from time to time, relating to liability insurance policies. If a liability insurance policy is made subject to all the conditions of a bond under that statute, the policy may be accepted by the Council.
(3) Approval of security. The security offered under subsection (3) shall be approved by the City Council and in the case of applicants for on-sale wine licenses and off-sale licenses, by the State Commissioner of Public Safety. Surety bonds and liability insurance policies shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the city at all times effective security, as required in subsection (3) above, is a cause for revocation of the license.
(’77 Code, § 601.02)
(B) (1) Fees. The annual fee for a special club license shall be $100.
(2) Payment. Each application for a license shall be accompanied by a receipt from the City Clerk/Treasurer/Administrator for payment in full of the license fee and the fixed investigation fee required under § 111.33, if any. All fees shall be paid into the general fund. If an application for a license is rejected, the Clerk/Treasurer/Administrator shall refund the amount paid as the license fee.
(3) Term; pro rate 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 December.
(’77 Code, § 601.04)
(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, 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 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.
(A) Persons ineligible for license. No license shall be granted to any person made ineligible for a license by state law.
(’77 Code, § 601.06)
(B) Places ineligible for license.
(1) No license shall be issued for any place or any business ineligible for a license under state law.
(2) No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the city are delinquent and unpaid.
(3) No license shall be granted within 300 feet of any school or within 300 feet of any church. In applying this restriction, the distance shall be measured between the main front entrances of the two buildings, following the route of ordinary pedestrian travel.
(’77 Code, § 601.07)
Loading...