(A) Forms of application.
(1) Any person desiring a license shall make a verified application in writing to the City Administrator.
(2) The application shall require the following information:
(a) Type of license desired;
(b) Applicant's name, age, home address, and citizenship;
(c) Whether the person has been convicted of a felony or any willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution or possession for sale or distribution, of an alcoholic beverage or whose liquor license has been revoked for any willful violation of any such laws or ordinances;
(d) Whether the person has had an intoxicating liquor or nonintoxicating liquor license revoked within 5 years of the license application; or whether the person at the time of the violation owns any interest, whether as a holder of more than 5% of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon; or whether the applicant is a corporation, partnership, association, enterprise, business or firm in which any person is in any manner interested;
(e) The location of the premises upon which the applicant proposes to sell liquor, an exact description of the particular place within the building structure where the sales are proposed; the nature of the business with which the license shall operate, and the length of time the applicant has occupied the premises;
(f) Preliminary plans and sketches of new structures or facilities within which licensed premises are to be located (for on-sale or off-sale license applicants only);
(g) Whether the applicant has ever been engaged in a similar business, and if so, the location of the business and the dates when so engaged;
(h) Names and addresses of 2 persons capable of giving first-hand information concerning the applicant's moral character and general business reputation;
(i) Whether the applicant is the owner of the business with which the proposed license will operate and, if so, the length of time the applicant has owned the business. If the applicant is not the owner, or other beneficial owners exist, the name of the owner or any beneficial owner must be listed;
(j) Whether the applicant has a direct or indirect interest in a manufacturer, brewer or wholesaler;
(k) Whether the applicant is directly or indirectly interested in any other establishment in the city to which a license has been issued under this chapter; the term INTERESTED as used in this division means and includes any pecuniary interest in the ownership, operation, management or profits of such an establishment;
(l) Whether the applicant is the spouse of a person ineligible for a license under this section.
(m) Whether the applicant is a natural person, corporation, partnership, or other form of organization;
(n) The names, and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, or stock in trade, including, but not limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lien holders, trustees, trustors, and persons who have co-signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant; and the name of such interest, the amount of the interest; terms for payment or other reimbursement;
(o) Whether or not all real estate and personal property taxes for the premises to be licensed have been paid and, if not paid, the years for which such taxes are delinquent;
(p) Any other information that the city requires.
(B) Temporary on-sale 3.2% malt liquor. A temporary on-sale nonintoxicating liquor license application shall require the following information:
(1) Name of the organization;
(2) Date of the local chapter's formation or incorporation;
(3) Any state or national affiliation;
(4) Location of the premises upon which the license is to operate; and
(5) Dates for which the license is to be effective.
(C) Temporary on-sale intoxicating liquor. A temporary on-sale intoxicating liquor license application shall require the following information:
(1) Name of the organization;
(2) Date of the local chapter's formation or incorporation;
(3) Any state or national affiliation;
(4) Location of the premises upon which the license is to operate; and
(5) Dates for which the license is to be effective.
(D) Liability insurance. No license may be issued unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by M.S. § 340A.801.
(1) Proof of financial responsibility.
(a) Proof of financial responsibility must be submitted to the City Administrator at the time of application for a new license or renewal of an existing license and may be given by filing a certificate of insurance that there is in effect an insurance policy issued by an insurer required to be licensed under M.S. § 60A.07, subd. 4, or by an insurer recognized as an eligible surplus lines carrier pursuant to M.S. § 60A.206 or pool providing at least $300,000 of coverage because of bodily injury to any 1 person in any 1 occurrence, $1,000,000 because of bodily injury to 2 or more persons in any 1 occurrence, $100,000 because of injury to or destruction of property of others in any 1 occurrence, $300,000 for loss of means of support of any 1 person in any 1 occurrence, and $1,000,000 for loss of means of support of 2 or more persons in any 1 occurrence;
(b) If the application for a license under this chapter is for a new license or a renewal, the applicant must provide proof of insurance valid from January 1 through December 31. If the application is for a license for any portion of a year, the applicant must provide proof of insurance valid from the date of approval of the license through December 31.
(2) Exclusions. The insurance requirements in this division do not apply to licensees who by affidavit establish that:
(a) They are on-sale 3.2% malt liquor licensees with sales of less than $25,000 of 3.2% malt liquor for the preceding year;
(b) They are off-sale 3.2% malt liquor licensees with sales of less than $50,000 of 3.2% malt liquor for the preceding year;
(c) They are holders of on-sale wine licenses with sales of less than $25,000 for wine for the preceding year; or
(d) They are holders of temporary wine licenses issued under law.
(E) Approval of security. The security offered under division (D) above shall be approved by the City Administrator and Council. Any licensed business operating without the required security effective on file with the city, may have its license revoked.
(F) License fees. License fees are established by the City Council. 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. The Council may establish from time to time in ordinance 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 application, investigation and 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.
(1) Investigation fee.
(a) In general, at the time of each original application for a license, the applicant must also pay an investigation fee as established by the City Council. If the expenses of the investigation exceed the investigation fee, the City Administrator will notify the applicant and require the applicant to pay an additional investigation fee as established by the City Council, which the City Administrator deems necessary to complete the investigation of the applicant. The applicant must pay any additional investigation fee within 5 days after notification and before the license will be issued. If such additional investigation fee is not paid within the 5-day period, the city will give no further consideration to the application.
(b) Exceptions. The city will not charge an investigation fee for a Sunday license. The city will provide a partial or complete waiver of any applicable investigation fee if all of the following conditions exist:
1. The applicant is a fraternal, veterans, or charitable organization;
2. Revenues in excess of operating expenses are contributed to the support of community projects or programs; and
3. The officers of the organization are elected by and responsible to the general membership.
(c) Additional investigation. If additional investigation is required because of a change in the ownership, interest or control of a partnership or a corporation, or other reasons determined necessary by the City Administrator, the applicant must pay an additional investigation as established by the City Council.
(2) Specific license fees. Fees for specific licenses are as follows:
Type of License | Fee |
Type of License | Fee |
On-sale intoxicating liquor issued to any person except a club | $1,400 |
Club on-sale issued to a club with less than 200 members | $200 |
Club on-sale issued to a club with more than 200 members | $250 |
On-sale 3.2% liquor | $100 |
On-sale temporary intoxicating liquor | $25/day |
On-sale nonintoxicating wine | $20 |
On-sale wine | $100 |
Temporary on-sale 3.2% malt liquor; per day | $10 |
Off-sale intoxicating liquor | $240 |
Off-sale 3.2% malt liquor | $100 |
Off-sale nonintoxicating liquor | $50 |
Combination on-sale and off-sale | Sum of appropriate specific license fees |
Sunday only on-sale intoxicating license | $200 |
Off-sale small brewer taproom malt liquor | $200 |
On-sale brewer taproom microbrewery malt liquor | $200 |
Off-sale brew pub growler malt liquor | $100 |
On-sale cocktail room microdistillery | $1,400 |
Off-sale microdistillery | $100 |
Consumption and display | $200 |
Investigation fee | $150 |
(3) Transfers. No license may be issued, transferred or renewed if the results of the investigation show, to the satisfaction of the governing body that issuance, transfer or renewal would not be in the public interest.
(4) Payment.
(a) An applicant for any license must pay the total license fee when the application is filed.
(b) All fees shall be paid into the General Fund.
(c) Upon rejection or withdrawal of any application for a license, the license fee will be refunded to the applicant except where rejection or withdrawal is for a willful misstatement in the license application.
(5) Pro-rata fee. Each license except a temporary license shall be issued for a period of 1 year unless the application is made during the license year (January 1 through December 31). If application is made during the license year, a license may be issued for the remainder of the year for a pro-rata fee with any unexpired fraction of a month being counted as 1 month. Every license shall expire on December 31.
(6) Refunds. No refund of any fee shall be made except as authorized by statute. Pursuant to M.S. § 340A.408, subd. 5, as it may be amended from time to time, a pro rata share of an annual license fee for a retail license to sell intoxicating or 3.2% malt liquor, either on-sale or off-sale, may be refunded to the licensee or to the licensee's estate if:
(a) The business ceases to operate because of destruction or damage;
(b) The licensee dies;
(c) The business ceases to be lawful for a reason other than a license revocation; or
(d) The licensee ceases to carry on the licensed business under the license.
(1987 Code, § 406.03) (Am. Ord. 530, passed 12-8-2009; Am. Ord. 592, passed 5-23-2017)