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(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convicted of the violation of this subchapter, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after the conviction of revocation.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
The hours of operation and days of sale shall be those set by M.S. § 340A.504, as it may be amended from time to time, except that the City Council may, by resolution or ordinance, provide for more restrictive hours. No sale of 3.2% malt liquor may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday inclusive, nor between 2:00 a.m. and 8:00 a.m. on Sundays. An establishment serving 3.2% malt liquor on Sundays must obtain a Sunday license from the city.
(Prior Code, § 3-1-9) (Ord. 143, passed 10-22-1984; Ord. 394, passed 7-14-2003; Ord. 512, passed 4-12-2010; Ord. 625, passed 9-28-2015)
No club shall sell beer except to members and to guests in the company of members.
(Prior Code, § 3-1-10) Penalty, see § 110.999
(A) No minor shall misrepresent his or her age for the purpose of obtaining beer.
(B) No person shall induce a minor to purchase or procure beer.
(C) No minor shall have beer 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.
(D) No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors.
(Prior Code, § 3-1-11) Penalty, see § 110.999
A license granted under the provisions of this subchapter shall be suspended or revoked by the City Council for the following reasons.
(A) In the event the licensee is convicted of a violation of this subchapter or any state law relating to the sale or consumption of 3.2% malt liquor, his or her license shall be suspended for a period of five days upon the first conviction.
(B) In the event the license holder is convicted a second time, his or her license shall be suspended for a period of 30 days.
(C) In the event the license holder shall be convicted for a third time, his or her license shall be revoked.
(D) The violation of any provision or condition of this subchapter by a beer licensee or his or her agent shall be 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 such 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 City Council after written notice to the licensee and a public hearing. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension.
(Prior Code, § 3-1-12)
A brew pub, brewer taproom, or microdistillery as defined and made eligible under state law may be issued “on-sale” and “off-sale” license subject to the terms and conditions established by state law and this code, and to any limitations imposed by the City Council. The license issued by the city must specify whether off-sale is permitted, the hours of operation, whether Sunday sales are permitted, and other conditions. The fees established by ordinance may reflect various license options authorized by law.
(Prior Code, § 3-1-13) (Ord. 625, passed 9-28-2015)
LIQUOR
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, conditions of bonds of licenses, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are hereby adopted and made a part of this subchapter as if fully set out herein, except as modified herein.
(Prior Code, § 3-2-1)
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