Loading...
(A) Every license is subject to the conditions in the following subdivisions, all other provisions of this subchapter and of any other applicable ordinance, state law or regulation.
(B) Every licensee is responsible for the conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this subchapter and the law equally with the employee.
(C) Every licensee shall allow any peace officer, health officer or properly designated officer or employee of the city to enter, inspect and search the premises of the licensee during business hours without a warrant.
(D) No on-sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
(E) No licensee shall possess a federal wholesale liquor dealer’s special tax stamp or a federal gambling stamp.
(’77 Code, § 601.08) Penalty, see § 10.99
(A) Liquor in unlicensed places. No person shall mix or prepare liquor for consumption in any public place or place of business, unless it has a license to sell liquor on-sale or a permit from the Commissioner of Public Safety under M.S. § 340.119, as it may be amended from time to time, and no person shall consume liquor in any place.
(B) Consumption in public places. No person shall consume liquor on a public highway, public park or other public place.
(’77 Code, § 601.09) Penalty, see § 10.99
The Council may either suspend for not to exceed 60 days or revoke any liquor license upon a finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing, pursuant to M.S. §§ 15.0418 to 15.0426, as may be amended from time to time.
(’77 Code, § 601.10)
3.2% MALT LIQUOR LICENSES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
3.2% MALT LIQUOR. Any malt beverage with an alcoholic content of more than 0.5% by volume and not more than 3.2% by weight.
3.2% MALT LIQUOR STORE. An establishment for the sale of 3.2% malt liquor, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail.
(’77 Code, § 603.01)
No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any 3.2% malt liquor within the city without first having received a license as hereinafter provided. Licenses shall be of three kinds: regular on-sale, temporary on-sale and off-sale.
(A) Regular on-sale. Regular on-sale licenses shall be granted only to bona fide clubs, 3.2% malt liquor stores, exclusive on-sale liquor stores, restaurants and hotels where food is prepared and served for consumption on the premises. On-sale licenses shall permit the sale of 3.2% malt liquor for consumption on the premises only.
(B) Temporary on-sale. Temporary on-sale licenses shall be granted only to bona fide clubs and charitable, religious and non-profit organizations for the sale of 3.2% malt liquor for consumption on the premises only.
(C) Off-sale. Off-sale licenses shall permit the sale of 3.2% malt liquor at retail, in the original package for consumption off the premises only.
(’77 Code, § 603.02)
(A) Every application for a license to sell 3.2% malt liquor shall be made to the City Clerk/Treasurer/Administrator on a form supplied by the city and containing information as the Clerk/Treasurer/Administrator or the City Council may require. It shall be unlawful to make any false statement in an application.
(’77 Code, § 603.03)
(B) (1) Payment required. Each application for a license shall be accompanied by a receipt from the City Clerk/Treasurer/Administrator for payment in full of the required fee for the license. All fees shall be paid into the general fund of the city. Upon rejection of any application for a license, the Clerk/Treasurer/Administrator shall refund the amount paid.
(2) Expiration; pro rata fees.
(a) Every license, except a temporary license, shall expire on the last day of December in each year. Each license, except a temporary license, shall be issued for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month.
(b) A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and the period shall be stated on the license.
(3) Fees. The annual fee for a regular on-sale license, an off-sale license and a temporary on- sale license shall be established by Council resolution.
(4) Refunds. No part of the fee paid for any license issued under this subchapter shall be refunded, except in the following instances upon application to the Council within 30 days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of:
(a) Destruction or damage of the licensed premises by fire or other catastrophe;
(b) The licensee’s illness;
(c) The licensee’s death; or
(d) A change in the legal status of the municipality, making it unlawful for the licensed business to continue.
(’77 Code, § 603.04) Penalty, see § 10.99
Loading...