§ 110.002 LICENSE REQUIRED.

The provisions of M.S. Ch. 340A, as they may be amended from time to time, with reference to the definition of terms, applications for license, granting of license, conditions of license, restrictions on consumption, provisions on sales pertaining to the retail sale, distribution, and consumption of non-intoxicating liquor are hereby adopted and made a part of this subchapter as if fully set out herein except as modified herein.

(Prior Code, § 3-1-1)

(A) 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 beer within the city without first having received a license as hereinafter provided. Licenses shall be of two kinds:

(1) Retail “on-sale”; and

(2) Retail “off-sale”.

(B) “On-sale” license shall be granted only to bona fide clubs, beer stores, restaurants, theaters, and hotels where food is prepared and served for consumption on the premises. “On-sale” licenses shall permit the sale of beer for consumption on the premises only.

(C) “Off-sale” licenses shall permit the sale of beer at retail in the original package for consumption off the premises only.

(Prior Code, § 3-1-2)

§ 110.003 APPLICATIONS FOR LICENSE.

(A) Form. Every application for a license to sell beer shall be made on a form supplied by the city and shall state the name of the applicant, his or her age, representations as to his or her character with such references as may be required, his or her citizenship, whether the application is for “on-sale” or “off-sale”, the business in connection with which the proposed license will operate and its location, whether applicant is owner and operator of the business, how long he or she has been in that business at that place, and other information as the City Council may require from time to time. It shall be unlawful to make any false statement in an application. Applications shall be filed with the City Clerk.

(B) Financial responsibility. The liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. § 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this chapter, without having on file with the city at all times effective proof of financial responsibility, is a cause for revocation of the license.

(Prior Code, § 3-1-3) Penalty, see § 110.999

§ 110.004 LICENSE FEES.

(A) Each application for a license shall be accompanied by a receipt from the city 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 city shall refund the amount paid. All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro-rata fee.

(B) The annual fee for an “on-sale” license shall be in the fee schedule ordinance adopted by the City Council. The annual fee for an “on-sale” extended hours license shall be set forth by the state. The annual fee for an “off-sale” license shall be on a fee schedule adopted by the Council.

(C) No part of the fee paid for any license issued under this subchapter shall be refunded where a license is revoked, but there shall be refunded a pro-rata portion of the fee for the unexpired period of the license upon cancellation.

(Prior Code, § 3-1-4) (Ord. 107, passed 11-23-1981; Ord. 394, passed 7-14-2003)

Cross-reference:

Fee schedule, see Chapter 36

§ 110.005 GRANTING OF LICENSE.

(A) The City Council shall investigate all facts set out in the application. After the investigation, the Council shall grant or refuse the application in its discretion.

(B) Each license shall be issued to the applicant only and shall not be transferable to another holder.

(C) 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 City Council.

(Prior Code, § 3-1-5) (Ord. 394, passed 7-14-2003)

§ 110.006 PERSONS INELIGIBLE FOR LICENSE.

No license shall be granted to any person:

(A) Under 21 years of age, or as stipulated in state statutes;

(B) Who has been convicted of a felony or any law of the state or local ordinance relating to the manufacture or transportation of intoxicating liquors;

(D) Who is not of good moral character;

(E) Who 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 such place;

(F) Who is not the proprietor of the establishment for which the license is issued; or

(G) Who is not resident of the state.

(Prior Code, § 3-1-6) (Ord. 575, passed 3-11-2013)

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