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 or 3.2 percent malt liquor without first having received a license to do so as provided in this chapter. Licenses shall be of the following classifications:
A. On-Sale Intoxicating Liquor: On-sale intoxicating liquor licenses shall be issued only to exclusive liquor stores, restaurants, hotels, motels, bowling alleys and such other establishments which the Council may from time to time authorize, except that three (3) on-sale intoxicating liquor licenses shall be reserved exclusively for hotels and motels. In any event, not more than twenty six (26) on-sale intoxicating liquor licenses shall be issued.
B. Off-Sale Intoxicating Liquor: Off-sale intoxicating liquor licenses shall be issued solely to exclusive liquor stores and shall permit off-sale of liquor only. The City shall be permitted to issue one off-sale intoxicating liquor license for each two thousand (2,000) residents of the community as determined by a Federal or special census, except that irrespective of population, the City shall be authorized to issue a maximum of seventeen (17) off-sale licenses. (Ord. 2017-12, 9-25-2017)
C. On-Sale 3.2 Percent Malt Liquor: On-sale 3.2 percent malt liquor licenses may only be issued to drugstores, restaurants, hotels, clubs, bowling alleys, golf courses, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. The Council shall determine from time to time the number of on-sale 3.2 percent malt liquor licenses which shall be issued. (Ord. 2017-18, 11-27-2017)
D. Club: Club licenses shall be issued only to duly incorporated clubs which have been in existence for a period of ten (10) years.
E. On-Sale Wine:
1. On-sale wine licenses shall be licenses authorizing the sale of wine not exceeding twenty four percent (24%) alcohol by volume for consumption on the licensed premises only, and only in conjunction with the sale of food, to be issued only to restaurants as defined in this chapter.
2. The holder of an on-sale wine license issued pursuant to subsection E1 of this section and who is licensed to sell 3.2 percent malt liquor at on-sale pursuant to subsection C of this section is authorized to sell intoxicating malt liquor at on-sale without an additional license.
F. Special Provisions; Sports, Conventions, Or Cultural Facilities: Special event on-sale intoxicating liquor licenses may be issued to the holder of an on-sale intoxicating liquor license issued by the City to dispense intoxicating liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports, convention, or cultural facility owned by the City and located within the City. The licensee must be engaged to dispense intoxicating liquor at an event held by a person or organization permitted to use the premises, and may dispense intoxicating liquor only to persons attending the event. The licensee may not dispense intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises. If the facility is within three hundred feet (300') of the property line of any school or place of worship, a waiver must be obtained from the school or place of worship.
G. Special Event On-Sale 3.2 Percent Malt Liquor: Special event on-sale 3.2 percent malt liquor licenses may be issued to a club or charitable, religious or nonprofit organization for the sale of 3.2 percent malt liquor, subject to such additional terms and conditions as the City shall prescribe in the resolution approving the license.
H. Sunday Liquor:
1. A restaurant, club or hotel with a seating capacity for at least thirty (30) persons and which holds an on-sale intoxicating or 3.2 percent malt liquor license may sell intoxicating and 3.2 percent malt liquor for consumption on the premises in conjunction with the sale of food during the hours allowed by Minnesota Statutes chapter 340A, as amended from time to time.
2. A brewer which holds a brewer on-sale intoxicating or 3.2 percent malt liquor license may sell intoxicating and 3.2 percent malt liquor for consumption on the premises during the hours allowed by Minnesota Statutes chapter 340A, as amended from time to time.
3. An establishment or a brewer serving intoxicating liquor on Sundays must obtain a Sunday license. The license will be issued for a period of one year, and the fee for such on-sale Sunday intoxicating liquor license shall be established by resolution of the City Council.
I. Consumption And Display: A consumption and display license as defined by Minnesota law, shall be issued only to restaurants, as defined in this chapter, and shall be issued for use only in conjunction with the serving of food at a planned, booked in advance, event held in a separate room on the premises of the restaurant; no restaurant holding an on- sale intoxicating liquor license shall be eligible for a consumption and display license; such license shall be valid for Sundays, subject to all conditions and regulations for on- sale Sunday intoxicating liquor licenses set forth in this chapter.
J. Hjemkomst Center:
1. An on-sale intoxicating liquor license may be issued by the City to the Historical and Cultural Society of Clay County for the premises known as the Hjemkomst Center.
2. Any license issued under subsection J1 of this section shall authorize the dispensing of intoxicating liquor only to persons attending events on the licensed premises and shall authorize consumption on the licensed premises only. No intoxicating liquor shall be dispensed on Sunday under any license issued under subsection J1 of this section. Persons on the licensed premises during events shall be restricted to only those persons allowed on the premises by Minnesota Statutes 340A.503, as this statute may be amended, supplemented, or replaced from time to time. The term "events" under this subsection J shall mean conventions, banquets, conferences, meetings, or social affairs.
3. Dispensing of intoxicating liquor under subsection J1 of this section shall be restricted to dispensing malt liquor or wine as defined by Minnesota Statutes 340A.101, as this statute may be amended, supplemented, or replaced from time to time, except as otherwise provided in subsection J4 of this section. The Hjemkomst Center may either dispense the malt liquor or wine itself or contract with a holder of an on-sale intoxicating liquor license by the City to dispense the malt liquor or wine.
4. The Hjemkomst Center may dispense intoxicating liquor under subsection J1 of this section without the malt liquor or wine restrictions imposed by subsection J3 of this section, provided that the Center's governing body contracts for intoxicating liquor catering services with the holder of an on-sale intoxicating liquor license issued by the City to dispense same.
5. The fee for any license issued under subsection J1 of this section shall either be a fee as established by the City's fee schedule in the event dispensing of intoxicating liquor is restricted to malt liquor or wine, or a fee as established by the City's fee schedule in the event dispensing of intoxicating liquor is not restricted to malt liquor or wine by the Center's governing body contracting with the holder of an on-sale intoxicating liquor license issued by the City. No fee under this subsection J shall be prorated for any portion of the year for which the license may be issued nor shall any fee or portion thereof be waived or refunded once paid.
6. All provisions of Minnesota Statutes 340A, as such provisions may be amended, supplemented, or replaced from time to time and all ordinances of the City governing alcoholic beverages not inconsistent with this subsection J apply to any license issued under subsection J1 of this section.
K. Off-Sale 3.2 Percent Malt Liquor: Off-sale 3.2 percent malt liquor licenses will not be issued in the City except that an off-sale 3.2 percent malt liquor license may be issued to any establishment which is orderly annexed by the City under Minnesota Statutes 414.0325, as such section may be from time to time amended, supplemented or replaced so long as the establishment at the effective date of annexation holds an existing off-sale 3.2 percent malt liquor license issued by the authority of the County Board of Clay County, Minnesota. Any license issued to an establishment under this subsection, may be transferred if the establishment is sold to a buyer qualified to hold the license under Minnesota Statutes 340A, and this title, as such liquor control regulations may be from time to time amended, supplemented or replaced.
L. Special Event Community Festival: The City Council of the City of Moorhead may authorize a holder of a retail on-sale intoxicating liquor license issued by the City of Moorhead to dispense intoxicating liquor off premises at a community festival held within the City of Moorhead. The authorization shall specify the area in which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee demonstrates that it has liability insurance as prescribed by section 340A.409 of the Minnesota Statutes Annotated to cover the event.
M. Bluestem Center For The Arts: Notwithstanding any law or ordinance to the contrary, in addition to the number of licenses authorized, the City of Moorhead may issue an on-sale intoxicating liquor license to the governing body of the Bluestem Center for the Arts on the property owned by the City of Moorhead and within seven hundred fifty feet (750') from the door of Marcil Commons for the premises known as the Bluestem Center for the Arts. The license shall authorize the dispensing of intoxicating liquor only to persons attending events on the licensed premises, and shall authorize consumption on the licensed premises only. The license may provide that the governing body of the Bluestem Center for the Arts may contract for intoxicating liquor catering service with the holder of an on-sale intoxicating liquor license issued by the City of Moorhead. The City Council shall establish the fee for the license.
N. Brewer On-Sale Intoxicating Liquor Licenses:
1. License Issuance: Notwithstanding any law or ordinance to the contrary, the City of Moorhead may issue a brewer taproom license for the on- sale of malt liquor produced on the licensed premises.
2. Licensed Brewer: The applicant for a license under this section must be a brewer licensed under Minnesota Statutes section 340A.301.
3. Terms And Conditions Of License:
a. No license is valid until approved by the commission.
b. The on-sale of malt liquor permitted by this subsection may only be made during the days and hours that on-sale of liquor may be made by the holders of on-sale intoxicating liquor licenses.
c. A brewer may only hold one brewer taproom license under this subsection and may not have an ownership interest in a brewery licensed under Minnesota Statutes section 340A.301, subdivision 6, clause (d).
d. The only alcoholic beverage that may be sold or consumed on the premises of the holder of a brewer taproom license will be the malt liquor produced by the brewer upon the brewery premises.
e. Nothing in this subsection precludes the holder of a brewer taproom license from also holding a license to operate a restaurant on the premises of the brewery.
O. Brewer Off-Sale Intoxicating Liquor Licenses:
1. License Issuance: Notwithstanding any law or ordinance to the contrary, the City of Moorhead may issue a license for the off-sale of malt liquor produced and packaged on the licensed premises.
2. Licensed Brewer: The applicant for a license under this section must be a brewer licensed under Minnesota Statutes section 340A.301 in order to be licensed for the off-sale of malt liquor produced and packaged on the licensed premises.
3. Terms And Conditions Of License:
a. No license is valid until approved by the City Council.
b. Off-sale of malt liquor permitted by this section shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located, except as allowed by Minnesota Statutes chapter 340A.
c. The malt liquor shall be packaged in sixty four (64) ounce containers commonly known as "growlers", or in seven hundred fifty milliliter (750 mL) bottles and bear a twist type closure, cork, stopper or plug.
d. The malt liquor sold off-sale must be removed from the licensed premises before the applicable off-sale closing time of an exclusive liquor store.
e. At the time of sale, the "growler" or seven hundred fifty milliliter (750 mL) bottle must be sealed by a paper or adhesive band strip or sleeve that is applied over the top of the twist type closure, cork, stopper or plug in such a manner that the seal must be broken in order to open the container, and the adhesive band or strip or sleeve shall bear the name and address of brewer.
f. The "growlers" or seven hundred fifty milliliter (750 mL) bottles shall be identified as malt liquor, contain the name of the malt liquor, and bear the name and address of the brewer selling the malt liquor unless the alcoholic content is labeled otherwise in accordance with applicable Minnesota law, rules and regulations.
g. A brewer's total retail sales at on- or off-sale under this section may not exceed seven thousand five hundred (7,500) barrels per year, provided that off-sales may not total more than seven hundred fifty (750) barrels per year, except as allowed by Minnesota statutes chapter 340A.29.
h. The amount of malt liquor sold at off-sale under this license may not exceed one hundred twenty-eight (128) ounces per customer per day, and must be packager in a container or combination of containers that is in compliance with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120.
4. Restrictions:
a. A brewer licensed under this section may hold or have an interest in a retail on-sale license issued pursuant to this section, but may not have an ownership interest in whole or part, or be an officer, director, agent or any employee of, any other manufacturer, brewer, importer, or wholesaler, or be an affiliate thereof, whether the affiliation is corporate or by management, direction, or control, except as authorized by Minnesota Statutes section 340A.301, as amended from time to time.
b. A license issued under this section may not be issued to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than twenty thousand (20,000) barrels of its own brands of malt liquor annually.
P. Private College: Notwithstanding any other law, local ordinance, or charter provision, the City of Moorhead may issue an on-sale intoxicating liquor license to a private, nonprofit college located within the Municipality, or to any entity holding a caterer's permit and a contract with the private, nonprofit college for catering on the premises of the private, nonprofit college, or for any portion of the premises as described in the approved license application. The license authorized by this subsection may be issued for space that is not compact and contiguous, provided that all such space is included in the description of the licensed premises on the approved license application. This license authorizes sales on all days of the week to persons attending events at the private, nonprofit college.
Q. Sampling: Regulation of liquor sampling within the City will be controlled by Minnesota Statutes chapter 340A, as may be amended from time to time.
R. Tasting: Regulation of tasting within the City will be controlled by Minnesota Statutes chapter 340A, as amended from time to time. Any persons desiring to hold a tasting must first obtain a special event permit from the City.
S. Theater: Notwithstanding any other law, local ordinance, or charter provision, the City of Moorhead may issue an on-sale intoxicating liquor license, an on-sale wine license, or an on-sale 3.2 percent malt liquor license to a theater within the City. A license issued under this paragraph authorizes sales on all days of the week to persons attending events at the theater. (Ord. 2017-12, 9-25-2017; amd. Ord. 2022-16, 6-13-2022)