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(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.
(A) Preliminary background and financial investigation. On an initial application for a license, on an application for transfer of a license and, in the sound discretion of the Council that it is in the public interest to do so, on an application for renewal of a license, the city shall conduct a preliminary background and financial investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee of $500 which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.
(B) Comprehensive background and financial investigation. If the results of a preliminary investigation warrant, in the sound discretion of the Council, a comprehensive background and financial investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background and financial investigation to be paid by the applicant shall be $500, less any amount paid for the initial
investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, if the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.
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