4-1-4: TYPES OF LICENSES:
   A.   Brewpub, Off-Sale License: An off-sale brewpub license may be issued only in accordance with Minnesota Statutes 340A.
   B.   Brewpub, On-Sale License: An on-sale brewpub license may be issued only in accordance with Minnesota Statutes 340A.
   C.   Cocktail Room License: A cocktail room license may be issued only in accordance with Minnesota Statutes 340A.
   D.   Consumption And Display License: A consumption and display license may be issued in accordance with the provisions of Minnesota Statutes section 340A.414 for the consumption and display of intoxicating liquor or the serving of any liquid for the purpose of mixing with intoxicating liquor. This subsection shall not apply to any person or premises otherwise licensed by the City for the sale of intoxicating liquor.
   E.   Farm Winery License: A farm winery liquor license may permit the sale, on the farm winery premises, of table, sparkling, or fortified wines produced by that farm winery at on-sale or off- sale, in retail or wholesale lots in accordance with the provisions of Minnesota Statutes section 340A.315.
   F.   Off-Sale Intoxicating Liquor License: An off-sale intoxicating liquor license may permit the sale of intoxicating liquor, 3.2 beer, and wine by an exclusive liquor store at retail, in the original package, for consumption off the premises only.
   G.   Off-Sale 3.2 Percent Malt Liquor License: An off-sale 3.2 percent malt liquor license may permit the sale of beer at retail, in the original package, for consumption off the premises only.
   H.   On-Sale Intoxicating Liquor License: An on-sale intoxicating liquor license may be issued only to restaurants whose gross food and beverage receipts of the restaurant are at least fifty percent (50%) attributable to the sale of food, and shall be regulated as follows:
      1.   Each on-sale intoxicating liquor licensee shall have the continuing obligation to have at least fifty percent (50%) of gross food and beverage receipts from the restaurant during the preceding business year attributable to the sale of food.
      2.   For the purpose of this subsection H, “sale of food” shall include gross receipts attributable to the sale of food items, soft drinks, and nonalcoholic beverages. The term shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages, such as ice, soft drink mixes or other mixes.
      3.   The restaurant shall submit to the City a copy of the verified State of Minnesota, Department of Revenue Sales and Use Tax return on an annual basis or as requested. The City may obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records.
      4.   The City may place the license of any on-sale intoxicating liquor licensee on probationary status for up to one year when the sale of food is reported, or found to be, less than fifty percent (50%) of gross food and beverage receipts for any business year.
      5.   If, after the probationary period, food sales are still less than fifty percent (50%), the establishment shall not be eligible for the renewal of an intoxicating liquor license.
   I.   On-Sale Sunday Liquor Sale License: An on-sale Sunday liquor sale license may be issued to establishments holding an on-sale liquor license hereunder. Such license shall permit the sale of liquor to be consumed on the premises in conjunction with the serving of food. A separate application for such license shall be made to the City in the same manner as applications for other licenses to sell intoxicating liquor are made hereunder.
   J.   On-Sale Wine License: An on-sale wine license may be issued for the sale of wine not exceeding twenty four percent (24%) 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 at least twenty five (25) guests at one time. An on-sale wine licensee who is also licensed to sell 3.2 percent malt liquors at on-sale, and whose gross receipts are at least sixty percent (60%) attributable to the sale of food, is authorized to sell intoxicating malt liquors at on-sale without an additional license.
   K.   On-Sale 3.2 Percent Malt Liquor License: An on-sale 3.2 percent malt liquor license may be granted only to bona fide clubs, beer stores, restaurants, and hotels where food is prepared and served for consumption on the premises. On- sale 3.2 percent liquor licenses shall permit the sale of beer for consumption on the premises only.
   L.   Small Brewer Off-Sale Malt Liquor License: A small brewer off-sale malt liquor license may be issued only in accordance with Minnesota Statutes 340A.
   M.   Special Club License: A special club on-sale license shall be issued only to clubs in accordance with the provisions of Minnesota Statutes section 340A.404, subdivision 1.
   N.   Taproom License: A taproom license may be issued only in accordance with Minnesota Statutes section 340A.301.
   O.   Temporary 3.2 Percent Malt Liquor License: The City Council may issue a temporary on-sale license for the sale of 3.2 percent malt liquor to a club, charitable religious or nonprofit organization. Except where specifically excluded, applicants for temporary licenses shall be subject to the provisions of this chapter. The temporary license shall be subject to such terms and conditions as the City Council shall subscribe.
   P.   Temporary On-Sale License: The City Council may issue to a club or charitable religious or nonprofit organization in existence for at least three (3) years or to a political committee registered under Minnesota Statutes section 10A.14 a temporary license for the on-sale of intoxicating liquor in connection with a social event within the City sponsored by the licensee.
      1.   The license may authorize the on-sale of intoxicating liquor for:
         a.   Not more than four (4) consecutive days and no more than three (3) 4-day, four (4) 3-day, or six (6) 2-day temporary licenses, in any combination not to exceed twelve (12) days per year to any one organization or registered political committee, or for any one location, within a twelve (12) month period.
         b.   Location(s) other than the premises the licensee owns or permanently occupies.
      2.   The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on-sale liquor license issued by the City.
      3.   The licenses are subject to the terms, including license fee, imposed by the City.
      4.   The licenses issued under this subsection P are subject to all laws and ordinances governing the sale of intoxicating liquor except Minnesota Statutes sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and the laws and ordinances which by their nature are not applicable.
      5.   Temporary licenses must first be approved by the Commissioner of Public Safety before they become valid. Not more than one temporary license may be issued to any one organization or registered political committee, or for any one location, within any thirty (30) day period.
(Ord. 2017-11, 9-25-2017; amd. Ord. 2021-06, 2-22-2021)