Loading...
(A) 3.2 percent malt liquor on-sale licenses, which may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks.
(B) 3.2 percent malt liquor off-sale license.
(C) Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization.
(D) Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off-sale license which was first issued on or before May 1, 1994. The fee for an off-sale intoxicating liquor license established by the Council under § 112.23 shall not exceed $100 or a greater amount which may be permitted by M.S. § 340A.408, Subd. 3, as it may be amended from time to time.
(E) On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by M.S. § 340A.101, as it may be amended from time to time, and this chapter: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans organizations, and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under § 112.23 shall not exceed the amounts provided for in M.S. § 340A.408, Subd. 2b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of M.S. § 340A.404, Subd. 4b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the city, under the provisions of M.S. § 340A.404, Subd. 4a, as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises.
(F) Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a general or special election as provided by M.S. § 340A.504, Subd. 3, as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in § 112.03, club, bowling center, or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license, which shall be established by the Council under the provisions of § 112.23, shall not exceed $200, or the maximum amount provided by M.S. § 340A.504, Subd. 3c, as it may be amended from time to time.
(G) Combination on-sale/off-sale intoxicating liquor licenses if the city has a population less than 10,000.
(H) Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least 3 years.
(I) On-sale wine licenses, with the approval of the Commissioner of Public Safety to: theaters, restaurants that have facilities for seating at least 25 guests at1 time and meet the criteria of M.S. § 340A.404, Subd. 5, as it may be amended from time to time, and which meet the definition of restaurant in § 112.03; and to licensed bed and breakfast facilities, which meet the criteria in M.S. § 340A.4011, Subd. 1, as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of § 112.23 shall not exceed 1/2 of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2% malt liquor license, and whose gross receipts are at least 60% attributable to the sale of food, is authorized to sell malt liquor with a content over 3.2% (strong beer) without an additional license.
(J) One day consumption and display permits with the approval of the Commissioner of Public Safety to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization.
(K) Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety. The maximum amount of the additional fee which may be imposed by the Council on a person who has been issued a consumption and display permit under the provisions of § 112.23 shall not exceed $300, or the maximum amount permitted by M.S. § 340A.414, Subd. 6, as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year.
(Am. Ord. 2006-3-3, passed 3-28-2006; Am. Ord. 2021-9-4, passed 9-14-2021)
(A) No license or other fee established by the city shall exceed any limit established by M.S. Ch. 340A, as it may be amended from time to time, for a liquor license.
(B) The Council may establish from time to time in the Ordinance Establishing Fees and Charges the fee for any of the liquor licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this chapter. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing.
(C) The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a quarterly basis.
(D) All license fees shall be paid in full, unless approved by the Council, at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant.
(E) A refund of a pro rata share of an annual license fee may occur only if authorized by M.S. § 340A.408, Subd. 5, as it may be amended from time to time.
(A) Form. Every application for a license issued under this chapter shall be on a form provided by the city. Every application shall state the name of the applicant, the applicant's age, representations as to the applicant's character, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an application.
(B) Financial responsibility. Prior to the issuance of any license under this chapter, the applicant shall demonstrate proof of financial responsibility as defined in M.S. § 340A.409, as it may be amended from time to time, with regard to liability under M.S. § 340A.801, as it may be amended from time to time. This proof will be filed with the city and the Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. § 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this chapter without having on file with the city at all times effective proof of financial responsibility is a cause for revocation of the license.
(C) Temporary amendment of licensed liquor premises. A holder of an on-sale liquor license shall make application to the city for a temporary amendment of the licensed premises, at least 30 days in advance, of any event at which the licensee proposes to amend the licensed premises to provide for liquor service in a compact and contiguous area not included in the original license application. Included in that application, the licensee must submit a site plan of the expansion area from which liquor is to be dispensed and consumed, the maximum anticipated number of guests attending the event and the total occupancy load for the expansion area. The application must include evidence of insurance for the expansion area and payment of all temporary amendment processing fees set forth by the City Council. The City Council shall consider all such amendments to the licensed premises using the following criteria:
(1) The expansion area must be immediately adjacent to the licensed premises;
(2) The expansion area will be used in connection with a special event no longer than 7 days in duration;
(3) No more than 4 temporary amendments will be allowed per year per licensee;
(4) Adequate measures will be taken to control access to the expansion area, to ensure that alcoholic beverages will not be furnished in violation of state law or this code to persons under the age of 21 years or to obviously intoxicated persons, or carried outside of the licensed premises;
(5) Adequate measures will be taken to ensure that there will not be a violation of the city's noise ordinance;
(6) The use of the expansion area may decrease available parking below that required by the zoning ordinance for the licensed premises;
(7) The use of the expansion area will not unreasonably impede traffic circulation;
(8) The issuance of the temporary amendment will not be adverse to the public health, safety and welfare.
(D) Temporary on-sale intoxicating liquor and temporary 3.2% malt liquor licenses. A club, charitable, religious, or nonprofit organization shall make application to the city for a temporary on-sale intoxicating liquor or temporary 3.2% malt liquor license, at least 30 days in advance of any event at which the licensee proposes to provide for alcohol sale and consumption. Included in that application, the licensee must submit a site plan of the premises area from which liquor is to be dispensed and consumed, the maximum anticipated number of guests attending the event and the total occupancy load for the premises area. The application must include evidence of insurance for the premises area and payment of all fees set forth by the City Council. The City Council shall consider all such applications using the following criteria:
(1) The license will be used in connection with a special event no longer than 7 days in duration;
(2) No more than 4 temporary licenses will be allowed per year per licensee;
(3) Adequate measures will be taken to control access to the premises area, to ensure that alcoholic beverages will not be furnished in violation of state law or this code to persons under the age of 21 years or to obviously intoxicated persons, or carried outside of the premises area;
(4) Adequate measures will be taken to ensure that there will not be a violation of the city's noise ordinance;
(5) The use of the premises area will not unreasonably impede traffic circulation;
(6) The licensee has obtained adequate liquor liability insurance for the premises area; and
(7) The issuance of the temporary license will not be adverse to the public health, safety and welfare.
(Am. Ord. 2017-8-4, passed 8-8-2017) Penalty, see § 112.99
The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. The description may not include any parking lot or sidewalk, except in the case of a temporary amendment for the purpose of an event that lasts no more than 7 days.
(Am. Ord. 2017-7-2, passed 7-11-2017)
At least 90 days before a license issued under this chapter is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests within the sound discretion of the Council. No licensee has a right to have the license renewed.
No license issued under this chapter may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply.
Loading...