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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)
(A) No person except wholesalers or manufacturers to the extent authorized under state license shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this subchapter.
(B) Licenses shall be of three kinds:
(1) “On-sale” license;
(2) “Off-sale” license; and
(3) Club licenses.
(Prior Code, § 3-2-2) Penalty, see § 110.999
(A) Form. Every application for a license to sell liquor shall be verified and filed with the City Clerk. It shall have stated the name of the applicant, age with references as may be required, citizenship, whether the application is for an “on-sale” or “off-sale”, the business in connection with which the proposed license shall operate and its location, whether applicant is owner and operator of the business, how long that business has been at that place, and other information as the City Council may require. In addition to containing such information, each application for a license shall be in the form prescribed by the Department of Public Safety and the city. Each application for a license hereunder shall be accompanied by a cashier’s check in the amount adopted by the Council which shall not be subject to refund and shall be paid for the purpose of defraying the expense of investigation of the applicant.
(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, § 3-2-3) (Ord. 107, passed 11-23-1981; Ord. 162, passed 6-27-1988; Ord. 191, passed 5-1-1990)
(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 license, the city shall refund the amount paid.
(B) Licenses herein provided for shall expire June 30 following the issuance thereof and if issued for less than one year shall be pro-rated on a quarterly basis.
(C) The annual fee for an “on-sale” license shall be adopted by the City Council except as stated in division (D) below. The annual fee for a special club license shall be a fee schedule adopted by the Council. The annual fee for an extended hours license shall be set forth by the state.
(D) Licenses in effect before annexation in the annexed area will be brought up to present fee at increase of $250 per year.
(E) No refund of any fee shall be permitted except as authorized under M.S. § 340A.408, as it may be amended from time to time.
(Prior Code, § 3-2-4) (Ord. 107, passed 11-23-1981; Ord. 394, passed 7-14-2003)
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. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the Council.
(Prior Code, § 3-2-5) (Ord. 394, passed 7-14-2003)
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