Skip to code content (skip section selection)
Compare to:
Virginia Overview
Virginia, MN Code of Ordinance
VIRGINIA, MINNESOTA CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE CITY OF VIRGINIA, MINNESOTA
CHAPTER 1: GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION
CHAPTER 2: ADMINISTRATION AND GENERAL GOVERNMENT
CHAPTER 3: MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS
CHAPTER 4: CONSTRUCTION PERMITS AND REGULATION
CHAPTER 5: ALCOHOLIC BEVERAGES LICENSING AND REGULATION
CHAPTER 6: OTHER BUSINESS REGULATION AND LICENSING
CHAPTER 7: STREETS AND SIDEWALKS GENERALLY
CHAPTER 8: TRAFFIC REGULATIONS
CHAPTER 9: PARKING REGULATIONS
CHAPTER 10: PUBLIC PROTECTION, CRIMES AND OFFENSES
CHAPTER 11: LAND USE REGULATIONS (ZONING)
CHAPTER 12: SUBDIVISION REGULATIONS (PLATTING)
CHAPTER 13: REGULATING TREE/SHRUB PLANTING AND MAINTENANCE
CHAPTER 14: CREATION OF JOINT POWERS AUTHORITY BETWEEN VIRGINIA AND EVELETH
CHAPTER 15: ROTARY PARK
CHAPTER 16: EMERGENCY MANAGEMENT
CHAPTER 17: PROPERTY MAINTENANCE AND PRESERVATION CODE
CHAPTER 18: VACANT BUILDING REGISTRATION
CHAPTER 19: RESERVED
CHAPTER 20: MISCELLANEOUS ORDINANCES
PARALLEL REFERENCES
Loading...
§ 5.33 HOURS AND DAYS OF SALE.
   (A)   The hours of operation and days of sale shall be those set by M.S. § 340A.504, as it may be amended from time to time, except that the City Council may, by resolution or ordinance, provide for more restrictive hours than state law allows.
   (B)   No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur.
   (C)   No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool, or other place where customers are served, more than 30 minutes after the time when a sale can legally occur.
   (D)   No person, other than the licensee and any employee, shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur.
   (E)   Any violation of any condition of this section may be grounds for revocation or suspension of the license.
(Ord. passed 4-11-2017)
§ 5.34 MINORS ON PREMISES.
   (A)   No person under the age of 18 years shall be employed in any rooms constituting the place in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale, except that persons under the age of 18 may be employed as musicians or to perform the duties of a bus person or dishwashing services in places defined as a restaurant, hotel, motel or other multi-purpose building serving food in rooms in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale.
   (B)   No person under the age of 21 years may enter a licensed establishment except to work, consume meals on premises that qualify as a restaurant, or attend social functions that are held in a portion of the premises where liquor is not sold.
§ 5.35 RESTRICTIONS ON PURCHASE AND CONSUMPTION.
   No person shall mix or prepare liquor for consumption in any public place of business unless it has a license to sell on-sale, or a permit from the Commissioner of Public Safety under the provisions of M.S. § 340A.414, as it may be amended from time to time, which has been approved by the Council, and no person shall consume liquor in any such place.
§ 5.36 SUSPENSION AND REVOCATION.
   (A)   The Council shall either suspend for a period not to exceed 60 days or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation, or provision of this chapter relating to liquor. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body under that act, or it may contract with the Office of Hearing Examiners for a hearing officer.
   (B)   The following are the minimum periods of suspension or revocation which shall be imposed by the Council for violations of the provisions of this chapter or M.S. Ch. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time:
      (1)   For commission of a felony related to the licensed activity, sale of alcoholic beverages while the license is under suspension, sale of intoxicating liquor where the only license is for 3.2 percent malt liquor, or violation of § 5.04, the license shall be revoked.
      (2)   The license shall be suspended by the Council after a finding under division (A) that the licensee has failed to comply with any applicable statute, rule, or provision of this chapter for at least the minimum periods as follows:
         (a)   For the first violation within any five-year period, at least one day suspension in addition to any criminal or civil penalties which may be imposed.
         (b)   For a second violation within any five-year period, at least three consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (c)   For the third violation within any five-year period, at least seven consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (d)   For a fourth violation within any five-year period, the license shall be revoked.
      (3)   The Council shall select the day or days during which the license will be suspended.
   (C)   Lapse of required proof of financial responsibility shall effect an immediate suspension of any license issued pursuant to this chapter or state law without further action of the Council. Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or of suspension or revocation of a license may request a hearing thereon and, if a request is made in writing to the Clerk, a hearing before the Council shall be granted within ten days. Any suspension under this division (C) shall continue until the Council determines that the financial responsibility requirements of state law and this chapter have again been met.
   (D)   The provisions of § 5.99 pertaining to administrative penalty may be imposed in addition to or in lieu of any suspension or revocation under this chapter.
(Am. Ord. passed 9-22-2020)
§§ 5.37 THROUGH 5.98 RESERVED FOR FUTURE EXPANSION.
§ 5.99 PENALTY.
   (A)   Any person violating the provisions of this chapter or M.S. Ch. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time is guilty of a misdemeanor and upon conviction shall be punished as provided by law.
   (B)   The Council shall impose a civil penalty of up to $2,000 for each violation of M.S. Ch. 340A, as it may be amended from time to time, and of this chapter. Conviction of a violation in a court of law is not required in order for the Council to impose the civil penalty. A hearing under the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as they may be amended from time to time, is not required before the penalty is imposed, but the Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak. Non-payment of the penalty is grounds for suspension or revocation of the license. The following is the minimum schedule of presumptive civil penalties which must be imposed in addition to any suspension unless the licenses is revoked:
      (1)   For the first violation within any five-year period, $500.
      (2)   For the second violation within any five-year period, $1,000.
      (3)   For the third and subsequent violations within any five-year period, $2,000.
   (C)   The term “violation” as used in this section includes any and all violations of the provisions of this chapter, or of M.S. Ch. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time. The number of violations shall be determined on the basis of the history of violations for the preceding five-year period. Revocation shall occur within 60 days following a violation for which revocation is imposed.
   (D)   The clerk who sold the alcohol products in violation of this section shall receive a fine of $50.
(Am. Ord. passed 9-22-2020)