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“ON-SALE” WINE LICENSE
An “on-sale” wine license authorizes the sale of wine not exceeding 14% alcohol by volume for consumption on the licensed premises only in conjunction with the sale of food. An “on-sale” wine license may be issued only to a restaurant having facilities for seating not fewer than 25 guests at one time. For purposes of this subchapter, a RESTAURANT means an establishment under the control of a single proprietor or manager having appropriate facilities for serving meals and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests.
(Prior Code, § 3-11-2)
(Prior Code, § 3-11-3) Penalty, see § 110.999
(A) Form. Every application for “on-sale” wine license shall state the name of the applicant, age, representations as to character with such references as the City Council may require, citizenship, the restaurant in connection with which the proposed licensee will operate and its location, whether the applicant is owner and operator of the restaurant, how long the restaurant business has been at that place, and other information as the Council may require from time to time. In addition to containing the information, the application shall be in a form prescribed by the Liquor Control Director and shall be verified and filed with the City Clerk. No person shall make a false statement in an application.
(B) Liability insurance. Prior to the issuance of a wine license, the applicant shall file with the City Clerk a liability insurance policy in the amount of $50,000 coverage for bodily injury for one person in any one occurrence; $100,000 coverage for bodily injury for two or more persons in any one occurrence; $10,000 because of injury to or destruction of others in any one occurrence; $50,000 for loss of means of support of any one person in any one occurrence; and $100,000 for loss of means of support of two or more persons in any one occurrence; and shall comply with the provisions of M.S. § 340A.409, as it may be amended from time to time, relating to liability insurance policies.
(C) Approval of security. The security offered under division (B) above shall be approved by the City Council and the State Liquor Control Director. Surety bonds and liability insurance policies shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the city at all times effective security as required in division (B) above is a cause for revocation of the license.
(Prior Code, § 3-11-4) (Ord. 369, passed 1-28-2002)
(A) Amount. The annual fee for a wine license shall be in the amount duly established by the Council from time to time. The annual fee for an extended license shall be as set forth by the state.
(B) Payment. Each application for a wine license shall be accompanied by a receipt from the City Clerk for payment in full of the license fee. All fees shall be paid into the General Fund. If an application for a license is rejected, the Clerk shall refund the amount due.
(C) Term. Each license shall be issued for a period of one year. Every license shall expire on June 30.
(D) Refunds. No refund of any fee shall be made except as authorized by statute.
(Prior Code, § 3-11-5) (Ord. 394, passed 7-28-2003)
(A) Investigation and issuance. The City Council shall investigate all facts set out in the application. After the investigation, the Council shall, in its discretion, grant or refuse the application. No wine license shall become effective until it, together with the security furnished by the applicant, has been approved by the State Liquor Control Director.
(B) Persons and premises licensed; transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license.
(Prior Code, § 3-11-6) (Ord. 394, passed 7-14-2003)
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