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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
(A) No minor shall misrepresent his or her age for the purpose of obtaining intoxicating liquor.
(B) No person shall induce a minor to purchase or procure liquor.
(C) No liquor shall be sold or consumed on a public highway or in an automobile.
(D) No person shall consume any intoxicating liquor on any public land in the city except by special permit granted by the city.
(Prior Code, § 3-2-10) (Ord. 513, passed 4-12-2010) Penalty, see § 110.999
MUNICIPAL LIQUOR STORES
There is hereby established a municipal liquor dispensary for the off-sale of intoxicating liquor. No liquor may be sold off-sale at retail elsewhere in the city, unless otherwise authorized in this subchapter. No person shall consume liquor in a public park or on a public street.
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