A. Intoxicating Liquor Licenses:
1. Retail, On-Sale:
a. An on-sale intoxicating liquor license may be issued to hotels; restaurants; bowling centers; and clubs or congressionally chartered veterans' organizations, provided that the organization has been in existence for at least three (3) years and liquor sales will only be to members and bona fide guests.
b. An on-sale intoxicating liquor license, an on-sale wine license or an on-sale malt liquor license may be issued to a theatre or golf course within the City, notwithstanding any law. The license issued under this paragraph authorizes sales on all days of the week.
2. Retail, Off-Sale: An off-sale intoxicating liquor license may be issued to an exclusive liquor store.
3. Retail, On-Sale, Wine:
a. On-sale wine licenses shall be issued only to restaurants having facilities for seating at least twenty five (25) guests at one time. A wine license permits the retail sale of wine up to twenty four percent (24%) alcohol by volume for consumption. A wine license authorizes the sale of wine on all days of the week.
b. A holder of an on-sale wine license issued pursuant to this chapter who is also licensed to sell 3.2 percent malt liquors at on-sale shall be permitted to sell intoxicating malt liquors at on-sale without an additional license.
4. Culinary Class Limited On-Sale License: A limited on-sale intoxicating liquor license may be issued to a business establishment: a) not otherwise eligible for an on-sale intoxicating liquor license; and b) that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six (6) ounces of wine or twelve (12) ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only.
5. Retail, On-Sale, Sunday Sales: On-sale licenses permit the sale of alcoholic beverages for consumption on the licensed premises only. Special licenses for Sunday liquor sales shall be issued only to establishments to which on-sale licenses have been issued or hereafter may be issued for the sale of intoxicating liquors in conjunction with the serving of food.
6. Temporary, On-Sale: On-sale temporary licenses shall be granted only to clubs or charitable, religious, or other nonprofit organizations in existence for at least three (3) years for the sale of intoxicating liquor on the premises only on the days specified in the license. No organization may be granted more than two (2) temporary licenses in any calendar year. No license shall be issued for more than four (4) consecutive days.
B. 3.2 Percent Malt Liquor Licenses:
1. Retail, On-Sale: On sale licenses shall be granted only to bona fide clubs, restaurants and hotels where food is prepared and served for consumption only on the premises. On sale licenses shall permit the sale of 3.2 percent malt liquor for consumption on the premises only.
2. Retail, Off-Sale: Off sale licenses shall permit the sale of 3.2 percent malt liquor at retail in the original package for consumption off the licensed premises only.
3. Temporary Special Events: Temporary licenses may be granted for special events held by a religious, charitable, or nonprofit organization that has been in existence for at least three (3) years for the sale of 3.2 percent malt liquor on the premises only on the days specified in the license. No organization shall be granted more than two (2) temporary licenses in any calendar year. No license shall be issued for more than four (4) consecutive days.
C. Right Of Refusal: The City Council, in its discretion, shall have the right to refuse to issue or renew a license for the sale of alcoholic beverages on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid. Delinquent and unpaid taxes, assessments, or other financial claims of the City on the premises for which the license has been issued shall be grounds for the revocation of an alcoholic beverage license.
D. Eligibility: No retail license may be issued to:
1. A person under twenty one (21) years of age;
2. A person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five (5) years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent (5%) of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested;
3. A person not of good moral character and repute; or
4. A person who has been convicted, within five (5) years prior to the application for such license, of a felony or of any willful violation of a Federal, State, or local law governing the manufacture, sale, distribution, or possession for sale or distribution of 3.2 percent malt liquor, intoxicating liquor, or wine. The City may deny issuance of a license if it appears that the applicant has had a conviction of any crime that is directly related to the type of license being sought, as defined by Minnesota Statutes section 364.03, subdivision 2, and if the person has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of the licensed occupation, as defined by Minnesota Statutes section 364.03, subdivision 3.
5. A person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler of alcohol.
6. A person who has an interest, either directly or indirectly, in two (2) establishments in the City to which on-sale licenses have been issued under this chapter. No person shall own an "interest", as defined in Minnesota Statutes section 340A.101 in more than two (2) establishments or businesses for which on-sale licenses have been granted under this chapter.
7. A person who is the spouse of a person ineligible for a license pursuant to the provisions of subsections D1 through D6 of this section.
8. A person who is not the real party in interest or a beneficial owner of the business operated, or to be operated, under the license.
This section applies to a general partner or general manager if the applicant is a partnership, and corporate officer or general manager if the application is a corporation.
E. Exemptions: Holders of on sale intoxicating liquor licenses are exempt from the requirement that an on sale 3.2 percent malt liquor license be obtained, and off sale intoxicating liquor licensees are exempted from the requirement that an off sale 3.2 percent malt liquor license be obtained before selling 3.2 percent malt liquor. (Ord. 511, 6-20-2017, eff. 7-1-2017)
Notes
| 1 | 1. Similar provisions, MSA § 340A.402; authority for City regulation of wine sale, MSA § 340A.404, subd. 5. |