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(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)
(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
(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
(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)
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;
(C) Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured;
(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)
(A) 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 beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after the conviction of revocation.
(B) No “on-sale” license shall be granted for any place within 1,000 feet of any public school or within 1,000 feet of any church.
(C) No “off-sale” license for non-intoxicating liquors shall be granted for any premises except those that operate primarily in the sale of food, beer, cigars, cigarettes, beverage, and soft drinks.
(Prior Code, § 3-1-7) (Ord. 17, passed 9-9-1976)
Every license is subject to the conditions in the following divisions and all other provisions of this subchapter, and of other applicable ordinance, state law, or regulation.
(A) Every license shall be granted subject to the conditions in the following divisions and all other provisions of this subchapter and of any other applicable provisions in this code.
(B) All licensed premises shall have the license posted in a conspicuous place at all times.
(C) No beer shall be sold or served to any intoxicated person or to any person under 21 years of age, or as stipulated in state statutes.
(D) No minor under 18 shall be permitted to sell or serve beer in an “on-sale” establishment.
(E) No gambling or any gambling device shall be permitted on any licensed premises.
(F) No manufacturer for wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of M.S. § 340A.403, subd. 3, as it may be amended from time to time. No retail license and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer, and no manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.
(G) No licensee shall sell beer 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 the state to sell intoxicating liquors.
(H) No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or service any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquor for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this subchapter.
(I) Any peace officer shall have the unqualified right to enter, inspect, and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises.
(J) Every licensee shall be responsible for the conduct of the place of business and shall maintain conditions of sobriety and order.
(K) Every licensee shall be prohibited from conducting business on the premises from 2:00 a.m. to 6:00 a.m., Monday through Sunday inclusive. Presence of customers on the premises is not permitted between the hours of 2:30 a.m. to 6:00 a.m., Monday through Sunday inclusive.
(L) All license holders may be subject to alcohol compliance checks. Civil penalties for failing a compliance check and providing alcohol to minors are assessed as follows:
(1) First violation: amount as stated in the current fee schedule;
(2) Second violation within two years: amount as stated in the current fee schedule; and
(3) Third violation within two years: amount as stated in the current fee schedule (with no mandatory revocation of license).
(Prior Code, § 3-1-8) (Ord. 394, passed 7-14-2003; Ord. 512, passed 4-12-2010; Ord. 575, passed 3-11-2013; Ord. 584, passed 5-28-2013) Penalty, see § 110.999
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