A. Application:
1. Generally:
a. Applications shall be filed with the City Clerk.
b. In addition to the information which may be required by the forms of the Commissioner of Public Safety, the applicant shall complete the application forms furnished by the City.
c. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and bond or insurance policy shall be made and issued in the name of all partners.
d. It shall be unlawful to make any false statement in an application.
2. Fees:
a. License Fees Generally:
(1) Fees for application, investigation, and issuance of a license as provided for under this chapter shall be as set forth in section 3-1-2 of this Code.
(2) When a license is issued between July 1 and December 31, inclusive, the license fee shall be the annual license fee; when a license is issued between January 1 and May 31, inclusive, the license fee shall be one-half (½) the annual license fee; when a license is issued between June 1 and June 30, inclusive, the license fee shall be one-twelfth (1/12) the annual license fee.
b. Investigation Fees:
(1) At the time of each original application for a license, the applicant shall pay the applicable investigation fees. For investigations conducted outside the State, the City may recover the actual investigation costs if the costs exceed the applicable fees. Any fees due in excess of the in-State investigation fee must be paid prior to the license hearing and before the City Council considers the application.
(2) At any time an additional investigation is required because of a change in the ownership of any license or control of a corporate license, or because of a transfer from place to place, the licensee shall pay an additional investigation fee equal to a fee for a new license.
(3) At any time that an additional investigation is required because of an enlargement, substantial alteration which, in the City’s opinion, changes the character of the establishment, or extension of premises previously licensed, the licensee shall pay an additional investigation fee equal to a fee for a new license.
(4) Where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the license are unchanged as determined by the City, no additional investigation fee will be required.
c. Renewals: The license fee or fee for renewal of an existing license shall be paid in full before the application for the license is accepted.
d. Refunds: No part of the fee paid for any license shall be refunded, except as authorized under Minnesota Statutes section 340A.408, or upon rejection of any application of a license, or upon withdrawal of an application before approval of the issuance of a license by the City Council. The license fee shall be refunded to the applicant, except where rejection is for a wilful misstatement in the license application. The investigation fee shall not be refunded.
B. Persons Ineligible For License:
1. State Law: No license shall be granted to or held by any person made ineligible for such a license by State law.
2. Multiple Interest: No person shall have an interest in more than two (2) on-sale intoxicating liquor licenses in the City.
3. Operating Officer: No license shall be granted to a corporation that does not have an operating officer who is eligible pursuant to the provisions of this chapter.
4. Real Party In Interest: No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provisions of subsections B1 and B2 of this section or who, in the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license.
5. Outstanding Debts:
a. No license shall be granted or renewed for operation on any premises on which Real Estate Taxes, assessments, or other financial claims of the City or of the State are due, delinquent, or unpaid.
b. If an action has been commenced pursuant to the provisions of Minnesota Statutes 278, questioning the amount or validity of taxes, the City Council may, on application by the licensee, waive strict compliance with this provision. No waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee.
6. Criminal History: The City Council shall have the right to deny a license to any applicant who has any of the following criminal history:
a. Convicted felon.
b. Driver’s license that was cancelled as inimical to public safety.
c. Pattern of alcohol related offenses.
C. Renewal Applications: Applications for the renewal of an existing license shall be made at least sixty (60) days prior to the date of the expiration of the license, and shall state that everything in the prior applications remains true and correct except as otherwise indicated. If, in the judgment of the City Council, good and sufficient cause is shown by any applicant for his failure to file for a renewal within the time period provided, the City Council may, if the other provisions of this chapter are complied with, grant the application.
D. Investigations: At the time of making an initial application, renewal application, or request for a new operating officer, the applicant shall, in writing, authorize the City Clerk to investigate all facts set out in the application and do a personal background and felony criminal record check on the applicant. The applicant shall further authorize the City Clerk to release information received from such investigation to the City Council.
E. Grant Or Denial Of License: After such investigation and hearing, the City Council shall grant or refuse the application in its discretion. A three-fifths (3/5) vote of the City Council shall be required for the granting of a license.
F. Issuance Of License:
1. Issuance: Each license shall be issued to the applicant only.
2. Exact Location And Area:
a. Except in the case of a golf course, licenses shall only be issued to a space that is compact and contiguous and issued only for the exact rooms, patios, and square footage described in the application.
b. Proposed enlargement, substantial alteration which, in the City’s opinion, changes the character of the establishment or extension of premises previously licensed shall be reported to the Clerk at or before the time application is made for a building permit for any such change. The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the liquor license.
3. Premises Under Construction: When a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until notified by the building official that the building is ready for occupancy.
G. Report To State: The City Clerk shall, within ten (10) days after the issuance of any license under this chapter, submit to the Commissioner of Public Safety the full name and address of each person granted a license, the true name, the effective license date, and the date of expiration of the license. The City Clerk shall also submit to the Commissioner of Public Safety any change of address, transfer, cancellation, or revocation of any license by the City Council during the license period.
H. Notice Of Denial: Should the City Council deny the applicant's request for a license due, partially or solely, to the applicant's prior conviction of a crime, the City Council shall notify the applicant in writing of the following information:
1. The grounds and reasons for the denial;
2. The applicable complaint and grievance procedure as set forth in Minnesota Statutes section 364.06;
3. The earliest date the applicant may reapply for a license; and
4. That all competent evidence of rehabilitation will be considered upon reapplication. (Ord. 2017-11, 9-25-2017; amd. Ord. 2021-18, 10-25-2021)