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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)
(A) No “on-sale” license shall be granted to any person who does not have invested or does not propose to invest in the fixtures and structure of the proposed on-sale establishment, exclusive of land, an amount of at least $200,000. The City Council may provide for an independent appraisal at applicant’s expense as an aid in determining the value of the premises. In the event this requirement as to investment is not complied with within one year from the date of issuance of the license, the license may be revoked.
(B) No “on-sale” license shall be granted to a restaurant that does not meet the following minimum standards as determined by the City Council.
(1) The restaurant shall have seating capacity for at least 50 guests in its formal dining area.
(2) The restaurant shall have a full-service menu available with meals prepared on site within a state’s Department of Health licensed commercial kitchen each day the establishment is open for business.
(3) All meals shall be regularly served at tables to the general public and shall employ an adequate staff to provide the usual and suitable services to its guests.
(Prior Code, § 3-2-7) (Ord. 94, passed 3-9-1981; Ord. 319, passed 10-26-1998; Ord. 394, passed 7-14-2003; Ord. 453, passed 1-22-2007)
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 of this code or state law.
(A) Every licensee shall be responsible for the conduct of his or her place of business and the conditions of sobriety and order in it.
(B) Any peace officer, health officer, or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant.
(C) 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.
(D) All real estate taxes assessed against the licensed premises and all personal property taxes assessed against any personal property located in, on, or upon the licensed premises shall be paid or caused to be paid when due by the licensee, provided, however, that in the event the licensee and/or the owner of the licensed premises shall duly contest the validity and/or amount of any real estate or personal property tax according to law, the tax need not be paid until 30 days after the final judicial determination of the validity and/or amount of the tax.
(E) No license shall be issued for premises located in an area wherein the use of the premises is prohibited by the zoning code, nor within an area where the sales are forbidden by state law or any other ordinance of the city.
(F) One-half of all additional “on-sale” liquor licenses available for issuance by the city shall be reserved for issuance to qualifying hotels, motels, or restaurants within the Central Community District (CCD) as defined by the official zoning map.
(G) All license holders may be subject to alcohol compliance checks conducted under a resolution adopted by City Council in 2005. This agreement sets civil penalties for failing a compliance check and providing alcohol to minors. Liquor administrative fines 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 (without mandatory revocation of license).
(Prior Code, § 3-2-8) (Ord. 275, passed 8-14-1995; Ord. 319, passed 10-26-1998; Ord. 394, passed 7-14-2003; Ord. 513, passed 4-12-2010; Ord. 575, passed 3-11-2013; Ord. 584, passed 5-28-2013)
(A) 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.
(B) No sale of intoxicating liquor for consumption on the licensed premises may be made between 2:00 a.m. and 8:00 a.m. on Monday through Saturday inclusive, or between 2:00 a.m. and 8:00 a.m. on Sundays. Sales after 2:00 a.m. on Sunday are unlawful unless the establishment has obtained a Sunday liquor license in accordance with state law.
(Prior Code, § 3-2-9) (Ord. 513, passed 4-12-2010; Ord. 625, passed 9-28-2015) Penalty, see § 110.999
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