(A) General requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale in the city any intoxicating liquor without a license to do so as provided in this subchapter.
(B) “On-sale” licenses. “On-sale” licenses shall be issued only to hotels, clubs, restaurants and exclusive liquor stores and shall permit “on-sale” of liquor only.
(C) Number of “on-sale” licenses. The authorized number of “on-sale” licenses for issuance shall be 20.
(D) Special licenses for Sunday sales.
(1) A special license authorizing sales on Sunday in conjunction with the sale of food may be issued to any restaurant, club, bowling center or hotel with a seating capacity for at least 30 persons and which holds an “on-sale” intoxicating liquor license.
(2) For purposes of this division (D),
RESTAURANT is defined as an establishment as defined in Minn. Stat. § 157.15, Subd. 12, as it may be amended from time to time, and shall have a license issued by the State Health Department as required by Minn. Stat. § 157.16, as it may be amended from time to time, and meet the definition of either “limited food menu selection”, “small establishment”, “medium establishment” or “large establishment”, as defined in Minn. Stat. § 157.16, Subd. 3(d), as it may be amended from time to time. An applicant for a special license under this division (D), and a licensee to whom a special Sunday license has been issued, shall file with the city a duplicate of the food license at the time of the initial application or upon renewal.
(3) For purposes of this division (D),
THE SALE OF FOOD means the licensee shall serve food not less than five days weekly, including Sundays.
(4) All personnel, preparation areas, service areas and equipment must comply with all applicable laws and ordinances.
(5) Food service must be maintained from time of opening until 9:00 p.m.
(6) A licensee holding a special license under this division (D) is authorized to sell alcoholic beverages for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays; provided that, the licensee is in conformance with the State Clean Air Act, being Minn. Stat. §§ 144.411 through 144.417.
(7) The establishment must be under the supervision and control of a single proprietor or manager or supervisory person who is available on the premises to the public and city officials during hours of operation.
(8) For private parties with the service of hors d’oeuvres, the licensee need not comply with division (D)(7) above, but must comply with the following:
(a) All private parties must be held in an enclosed room, rooms or area separated or restricted from public use, said area to be monitored; and
(b) Admission must be monitored by an employee of the licensee and be limited to invited guests only.
(9) (a) For purposes of this division (D), a
HOTEL is defined as an establishment where food and lodging are regularly furnished to transients and which has:
1. A resident proprietor or manager;
2. A dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and
3. Guest rooms in the following minimum numbers: ten.
(b) A hotel is subject to the requirements of a restaurant provided under this division (D).
(10) For purposes of this division (D), a
CLUB is defined as an incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans’ organization, which:
(a) Has more than 50 members;
(b) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and
(c) Is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
(11) Clubs may sell liquor on Sundays only in conjunction with the sales of food.
(E) Temporary licenses.
(1) A temporary license for a period not to exceed three days, may be granted to a club or charitable, religious or other non-profit organization in existence for at least three years, in connection with a social event within the city, sponsored by the applying organization.
(2) Qualified organizations applying for a temporary license must complete the prescribed application and submit it with the license fee and a certificate of liquor liability insurance in amounts equal to those prescribed in § 113.053(B) of this chapter or, in the alternative, a contract with a previously licensed “on-sale”, intoxicating liquor licensee, licensed to sell to the general public, to cater and provide the serving of intoxicating liquors. The catering licensee must present a certificate extending the liquor liability insurance to the premises in which the social event is being held.
(3) No more than three such temporary licenses will be allowed an organization in the course of any 12-month span.
(4) Each such application must be approved by the State Commissioner of Public Safety before becoming effective.
(1992 Code, § 806:05) (Ord. 1200, passed 1-5-1999; Ord. 1297, passed 11-4-2002; Ord. 1619, passed 5- 18-2021)