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(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of the violation of this subchapter, or of the state 3.2% malt liquor or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after the conviction or revocation.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
No club shall sell 3.2% malt liquor, except to members and to guests in the company of members.
(’77 Code, § 603.10) Penalty, see § 10.99
(A) Age misrepresentation. No minor shall misrepresent his or her age for the purpose of obtaining 3.2% malt liquor.
(B) Inducing purchase. No person shall induce a minor to purchase or procure 3.2% malt liquor.
(C) Procurement. No person other than the parent or legal guardian shall procure 3.2% malt liquor for any minor.
(D) Possession. No minor shall have 3.2% malt liquor in his or her possession with the intent to consume it at a place other than the household of his or her parent or guardian.
(E) Consumption. No minor shall consume 3.2% malt liquor, unless in the company of his or her parent or guardian in the household of his or her parent or guardian.
(F) Prohibited locations. No 3.2% malt liquor shall be consumed in any theater, recreation hall or center, dance hall, ball park or other place of public gathering used for the purpose of entertainment, amusement or playing of games.
(G) Consumption and display. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquor or who does not hold a consumption and display permit.
(’77 Code, § 603.11) Penalty, see § 10.99
The violation of any provision or condition of this subchapter by a 3.2% malt liquor licensee or his or her agent is grounds for revocation or suspension of the license. The license of any person who holds
a federal retail liquor dealer’s special tax stamp, without a license to sell intoxicating liquors at the place, shall be revoked without notice and without hearing. In all other cases, a license granted under this subchapter may be revoked or suspended by the Council, in accordance with § 110.03.
(’77 Code, § 603.12)