TITLE 4
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
ALCOHOLIC BEVERAGES
SECTION:
4-1-1: State Regulations Adopted
4-1-2: Definitions
4-1-3: License Required; Exemptions
4-1-4: Types Of Licenses
4-1-5: Term Of License
4-1-6: Conditions Of License
4-1-7: Securities
4-1-8: Administration Of Licenses
4-1-9: Enforcement And Penalties; Suspension, Revocation Of License
4-1-1: STATE REGULATIONS ADOPTED:
The provisions of Minnesota Statutes 340A, with reference to the definition of terms and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are hereby adopted and made a part of this chapter as if fully set out herein, except as hereinafter modified. (Ord. 2017-11, 9-25-2017)
4-1-2: DEFINITIONS:
For the purposes of this chapter, the following terms shall have the meanings given them herein:
INTEREST: Includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of five percent (5%) or less in any corporation holding a City liquor license; a person who receives monies from time to time directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such license. In determining "bona fide", the reasonable value of the goods or things received as consideration for the payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this chapter shall be considered.
OUTDOOR ENTERTAINMENT: Entertainment outside an enclosed building including shows, plays, skits, musical revues, children's theater, dance productions, musical concerts, opera and the production or provision of sights or sounds or visual or auditory sensations which are designed to or may entertain, and including dancing by patrons related to said entertainment.
PATIO: A patio is any outdoor area located on the premises used for serving food or alcohol.
RESTAURANT: A business under the control of a single proprietor or manager having a full service kitchen, in consideration of payment, meals are regularly served to the general public with seating facilities for not less than thirty (30) people and which employs an adequate staff to provide the usual and suitable service to its guests, and part of the business of which is the serving of foods.
(Ord. 2017-11, 9-25-2017; amd. Ord. 2024-07, 6-24-2024)
4-1-3: LICENSE REQUIRED; EXEMPTIONS:
   A.   No person, except as provided in Minnesota Statutes sections 340A.301, subdivisions 1 and 8, and 340A.510, and manufacturers and wholesalers to the extent authorized by law, shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor without first having received a license to do so as provided in this chapter; nor shall any private club or public place, directly or indirectly or upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a license therefor from the City as provided in this chapter.
   B.   Holders of an on-sale intoxicating liquor license are exempt from the requirement that an on-sale 3.2 percent malt liquor license be obtained, and off-sale intoxicating liquor licensees are exempt from the requirement that an off-sale 3.2 percent malt liquor license be obtained before selling 3.2 percent malt liquor. (Ord. 2017-11, 9-25-2017)
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