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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
(A) Investigation and hearing. The City Council shall investigate all facts set out in the application. 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 grant or refuse the application in its discretion.
(B) Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the Council.
(’77 Code, § 603.05) Penalty, see § 10.99
(A) Persons ineligible for license. No license shall be granted to or held by any person who:
(1)Is under 21 years of age;
(2) Has, within five years prior to the application for a license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquors or 3.2% malt liquor and cannot show competent evidence under M.S. § 364.03, as it may be amended from time to time, of sufficient rehabilitation and present fitness to perform the duties of a 3.2% malt liquor licensee;
(3) Is a manufacturer of 3.2% malt liquor or is interested in the control of any place where 3.2% malt liquor is manufactured;
(4) Is a non-resident of the city;
(5) Is not of good moral character;
(6) Is, or during the period of this license becomes, the holder of a federal retail liquor dealer’s special tax stamp for the sale of intoxicating liquor at any place, unless there has also been issued to him or her a local license to sell intoxicating liquor at the place; or
(7)Is not the proprietor of the establishment for which the license is issued.
(’77 Code, § 603.06)
(B) Places ineligible for license.
(1) No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this subchapter, or of the state 3.2% malt liquor or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after the conviction or revocation.
(2) No on-sale license shall be granted for a business or club which has not been in regular operation and eligible to receive a license for at least six months immediately preceding the application for a license.
(’77 Code, § 603.07)
(A) Every license shall be granted subject to the conditions in the following divisions, all other provisions of this subchapter and any applicable ordinance of the city or state law.
(B) No 3.2% malt liquor shall be sold or served to any intoxicated person or to any person under 21 years of age.
(C) No person under 21 years of age shall be permitted to consume 3.2% malt liquor on the licensed premises, unless accompanied by his or her parent or legal guardian.
(D) No person under 21 years of age shall be employed on the premises of a 3.2% malt liquor store.
(E) No gambling or any gambling device shall be permitted on any licensed premises.
(F) No manufacturer or wholesaler of 3.2% malt liquor shall have any ownership of or interest in an establishment licensed to sell at retail. Pursuant to M.S. § 340A.402(4), as it may be amended from time to time, no retail licensee, manufacturer or wholesaler of 3.2% malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of 3.2% malt liquor and no manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.
(G) No licensee shall sell 3.2% malt liquor while holding or exhibiting in the licensed premises, a federal retail liquor dealer’s special tax stamp, unless he or she is licensed under the laws of Minnesota to sell intoxicating liquors.
(H) No licensee who is not also licensed to sell intoxicating liquor and who does not hold a consumption or display permit shall sell or permit the consumption and display or intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of a licensee shall be a prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be a prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this subchapter.
(I) Any peace officer may enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquor found on the licensed premises in violation of division (H) above.
(J) Every licensee shall be responsible for the conduct of his or her place of business and shall maintain conditions of sobriety and order.
(’77 Code, § 603.08)
No sale of 3.2% malt liquor shall be made on any Sunday between the hours of 1 a.m. and 12 noon. No sale shall be made between the hours of 1 a.m. and 8 a.m. on any other day.
(’77 Code, § 603.09) Penalty, see § 10.99
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