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(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)
(A) General prohibition. No wine license shall be issued for any restaurant ineligible for a license under state law.
(B) Delinquent taxes and charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the city are delinquent and unpaid.
(Prior Code, § 3-11-8) (Ord. 369, passed 1-28-2002)
(A) In general. 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.
(B) Licensee’s responsibility. Every licensee is responsible for the conduct of the place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this subchapter and the law equally with the employee.
(C) Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee during business hours without a warrant.
(D) Display during prohibited hours. No licensee shall display wine to the public during hours when the sale of wine is prohibited.
(E) Federal stamps. No licensee shall possess a federal wholesale liquor dealer’s special tax stamp or a federal gambling stamp.
(F) Compliance checks. All license holders may be subject to alcohol compliance checks. 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, § 3-11-9) (Ord. 584, passed 5-28-2013) Penalty, see § 110.999
(A) No sale of wine under this license shall be made on the premises between the hours of 2:00 a.m. and 8:00 a.m., Monday through Saturday inclusive, or on any Sunday between the hours of 2:00 a.m. and 8:00 a.m.
(B) The presence of customers is not allowed on the premises between the hours of 2:30 a.m. and 6:00 a.m., Monday through Sunday inclusive.
(Prior Code, § 3-11-10) (Ord. 369, passed 1-28-2002; Ord. 394, passed 7-14-2003; Ord. 575, passed 3-11-2013; Ord. 625, passed 9-28-2015) Penalty, see § 110.999
(A) Provided that an applicant meets or exceeds the requirements of this subchapter and the requirements of §§ 110.001 through 110.013, which pertain to 3.2% malt liquor on-sale, the applicant may apply for a single license authorizing the sale and consumption of wine not to exceed 14% alcohol by volume and beer not to exceed 3.2% alcohol by volume. (Intoxicating malt liquor may be sold on premises holding both a 3.2% malt liquor “on-sale” license and a wine license.)
(B) Fees for the combination license shall be according to a fee schedule adopted by the City Council. The annual fee for an extended hours combination license shall be in an amount established by the state.
(Prior Code, § 3-11-11) (Ord. 369, passed 1-28-2002; Ord. 394, passed 7-14-2003)
Cross-reference:
Fee schedule, see Chapter 36
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