Except as provided in this chapter, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction within the corporate city limits without first having obtained the required license. The Council is authorized to issue the following licenses and permits.
(A) Three-point-two-percent malt liquor on-sale license. Three-point-two 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% malt liquor, with the incidental sale of tobacco and soft drinks.
(B) Three-point-two-percent malt liquor on-sale license.
(C) Temporary 3.2% malt liquor license.
(1) Temporary 3.2% malt liquor licenses may be issued only to a club, charitable, religious, or nonprofit organization.
(2) Upon application, the City Council may grant a license for the sale of 3.2% malt liquor for a period not exceeding ten days. The license must be issued for a specific location identified on the application to which the sale of 3.2% malt liquor by the licensee is restricted.
(3) Licenses issued under this section are subject to laws and ordinances governing the sale of intoxicating liquor, except those provisions specifically excepted or which by their nature are not applicable. Licenses under this section are not valid unless first approved by the Commissioner of Public Safety.
(D) Off-sale intoxicating liquor license. Off-sale intoxicating liquor licenses may only be issued to exclusive liquor stores or drug stores with an off-sale license that was first issued on or before May 1,1994.
(E) On-sale intoxicating liquor license. On-sale intoxicating liquor licenses 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, theaters and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety.
(F) Club on-sale intoxicating liquor license.
(1) It is unlawful for any club to sell or keep or offer for sale any liquor without a license therefor from the city. Club licenses may be issued only with the approval of the Commissioner of Public Safety.
(2) The annual club license fees shall be as set by the City Council in accordance with state statutes regulating liquor licensing.
(3) (a) No club shall sell liquor to persons other than its bona fide organization members and guests of bona fide organization members, except for a PRIVATE PARTIES (groups that reserves space in advance in a designated area) limited to the portion of the building used for that purpose. For purposes of this section, MEMBERS are defined as fully recognized and formally recognized organization MEMBERS or associate MEMBERS, or auxiliary MEMBERS. For purposes of this section, no member shall have more than five defined guests who are not FAMILY MEMBERS (brothers, sisters, spouse, children, parents) who shall actively be hosted at any point in time. Any guest who has not affixed their signature to the club guest book shall not be sold liquor by the club.
(b) All liquor license restrictions, liquor sale regulations and hours and days of liquor sales, as stated in this chapter and relating to the on-sale of liquor, shall be binding upon all club licensees.
(4) 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. 4(b), as it may be amended from time to time.
(5) 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. 4(a), 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.
(G) Sunday on-sale intoxicating liquor license.
(1) Sunday on-sale intoxicating liquor licenses may be issued 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.
(2) Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant, as defined in § 113.03 of this chapter, club, bowling center, or a hotel with 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.
(H) Combination on-sale/off-sale intoxicating liquor license. Combination on-sale/off-sale intoxicating liquor licenses if the city has a population less than 10,000.
(I) Temporary on-sale intoxicating liquor license.
(1) A municipality may issue temporary licenses in accordance with M.S. § 340A.404, subd. 10, 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 three years; a political committee registered under state law; or a state university. No license shall be for longer than four consecutive days. No licensee shall be issued more than one temporary license in a month. The city shall issue no more than 12 days’ worth of temporary licenses to any one organization in one calendar year.
(2) Sales shall be authorized at premises specified in the application, but the premises need not be owned or permanently occupied by the licensee.
(3) Licensees may contract for intoxicating liquor catering services with the holder of a full-year, on-sale intoxicating liquor license.
(4) Licensees shall pay a license fee per event of an amount as set by the City Council in accordance with state statutes regulating liquor licensing.
(5) Licensees under this section may conduct wine tastings as provided in M.S. § 340A.418, as amended.
(6) Temporary licenses may authorize Sunday sales.
(J) On-sale wine license. With the approval of the Commissioner of Public Safety, on-sale wine licenses may be issued to the following:
(1) Theaters, restaurants with facilities for seating at least 25 guests at one time, meeting the criteria of M.S. § 340A.404, subd. 5, as it may be amended from time to time, and meeting the definition of restaurant in § 113.03;
(2) Licensed bed and breakfast facilities that meet the criteria in M.S. § 340A.4011, subd. 1, as it may be amended from time to time, and to theaters that meet the criteria of M.S. § 340A.404, subd. 1(b) as it may be amended from time to time. The holder of an on-sale wine license who also holds an on-sale 3.2% malt liquor license is authorized to sell malt liquor with a content over 3.2% (strong beer) without an additional license;
(3) A restaurant having facilities for seating at least 25 guests at one time.
(a) A wine license permits the sale of wine of up to 24% alcohol by volume for consumption.
(b) A wine license authorizes the sale of wine on all days of the week, unless the issuing authority restricts the license’s authorization to the sale of wine on all days except Sundays.
(c) The governing body of a municipality may by ordinance authorize a holder of an on-sale wine license issued pursuant to this division (3), who is also licensed to sell 3.2% malt liquors at on-sale pursuant to M.S. § 340A.411, to sell intoxicating malt liquors at on-sale without an additional license;
(4) A licensed bed and breakfast facility. A license under this division authorizes a bed and breakfast facility to furnish wine only to registered guests of the facility and, if the facility contains a licensed commercial kitchen, also to guests attending private events at the facility.
(K) Consumption and display permit.
(1) No business establishment or club that does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages, or knowingly serve any liquid for the purpose of mixing with intoxicating liquor, without first having obtained a permit from the Commissioner. Rental of a public facility does not make a subdivision or the facility a “business establishment” for the purposes of this chapter.
(2) The Commissioner may issue a consumption and display permit under division (K) only to:
(a) An applicant who has not, within five years prior to the application, been convicted of a felony or of violating any provision of this chapter or rule adopted under this chapter;
(b) A restaurant;
(c) A hotel;
(d) An establishment licensed for the sale of 3.2% malt liquor;
(e) A resort as defined in M.S. § 157.15;
(f) A club as defined in M.S. § 340A.101, subd. 7, or an unincorporated club otherwise meeting that definition; and
(g) A bed and breakfast facility as defined in M.S. § 340A.4011, subd. 1.
(3) The Commissioner may not issue a permit to a club holding an on-sale intoxicating liquor license.
(4) A permit issued under this division authorizes the establishment to permit the consumption and display of intoxicating liquor on the premises. The permit does not authorize the sale of intoxicating liquor.
(5) All permits issued under this division expire on March 31 of each year.
(6) A permit issued under this division is not effective until approved by the governing body of the city or county where the establishment is located.
(7) The annual fee for issuance of a permit under this division is $250 per M.S. § 340A.414. The governing body of a city or county where the establishment is located may impose an additional fee of not more than $300.
(8) An establishment holding a permit under this division is open for inspection by the Commissioner, the Commissioner's representative, and peace officers, who may enter and inspect during reasonable hours. Intoxicating liquor sold, served, or displayed in violation of law may be seized and may be disposed of under M.S. § 297G.20.
(9) A club issued a permit under this section may allow members to bring and keep a personal supply of intoxicating liquor in lockers on the club's premises, All bottles kept on the premises must have attached to it a label signed by the member. No person under 21 years of age may keep a supply of intoxicating liquor on club premises.
(L) One day consumption and display permit. With the approval of the Commissioner of Public Safety, a one day consumption and display permit may be issued to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization. The fee for the permit may not exceed $25. A city may not issue more than ten permits under this division in any one year.
(M) Culinary class limited on-sale license. Culinary class limited on-sale licenses may be issued to a business establishment not otherwise eligible for an on-sale intoxicating liquor license that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation is required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or 12 ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only.
(N) Temporary off-sale wine license. With the approval of the Commission of Public Safety, temporary off-sale wine licenses may be issued for the off-sale of wine at an auction. A license issued under this division authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three consecutive days, provided not more than 600 cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by § 113.09.
(O) Brew pub on-sale intoxicating liquor or on-sale 3.2% malt liquor license. With the approval of the Commissioner of Public Safety, brew pub on-sale intoxicating liquor or on-sale 3.2% malt liquor licenses may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at M.S. § 340A.24, as it may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per year. If a brew pub licensed under this division possesses a license for off-sale under division (P) below, the brew pub’s total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
(P) Brewer off-sale malt liquor license.
(1) With the approval of the Commissioner of Public Safety, brewer off-sale malt liquor licenses may be issued to a brewer that is a licensee under division (O) above and otherwise meets the criteria established at M.S. § 340A.24, as it may be amended from time to time. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the city. Malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by M.S. § 340A.285, as it may be amended from time to time. Sales under this license may not exceed 500 barrels per year. If a brewer licensed under this division possesses a license under division (O) above, the brewer’s total retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 750 barrels.
(2) With approval of the Commissioner, brewer off-sale malt liquor licenses may also be issued to a holder of a brewer’s license under M.S. § 340A.301, subd. 6(c), (I) or (j), and meeting the criteria established by M.S. § 340A.28, as may be amended from time to time. The amount of malt liquor sold at off-sale may not exceed 750 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. Packaging of malt liquor for off-sale under this license must comply with M.S. § 340A.285.
(Q) Brewer temporary on-sale intoxicating liquor license. With the approval of the Commissioner of Public Safety, brewer temporary on-sale intoxicating liquor licenses may be issued to brewers, who manufacture fewer than 3,500 barrels of malt liquor in a year, for the on-sale of intoxicating liquor in connection with a social event sponsored by the brewer within the municipality.
(R) Brewer taproom license. A brewer taproom license may be issued to the holder of a brewer’s license under M.S. § 340A.301 subd. 6(c), (i) or (j), as they may amended from time to time. A brewer's taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of, or adjacent to one brewery location owned by the brewer. A brewer may have only one taproom license, and may not have an ownership interest in a brewery licensed under M.S. § 340A.301 subd. 6(d), as it may be amended from time to time. A brewer taproom license may not be issued to a brewer that brews more than 250,000 barrels of malt liquor annually, or to a winery that produces more than 250,000 gallons of wine annually. Within ten days of issuing a brewer taproom license, the City Clerk will inform the Commissioner of Public Safety of the licensee’s name, address, trade name, and the effective date and expiration date of the license. The City Clerk will inform the Commissioner of Public Safety of a license transfer, cancellation, suspension, or revocation during the license period.
(S) Cocktail room license. A cocktail room license may be issued to the holder of a state microdistillery license. A microdistillery cocktail room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of, or adjacent to one distillery location owned by the distiller. The holder of a microdistillery cocktail room license may also hold a license to operate a restaurant at the distillery. No more than one cocktail room license may be issued to any distiller. A microdistillery cocktail room license may not be issued to any person having an ownership interest in a distillery licensed under M.S. § 340A.301 subd. 6 (a). No single entity may hold both a microdistillery cocktail room and taproom license; a microdistillery cocktail room and taproom license may not be co-located. Within ten days of the issuance of a microdistillery cocktail room license, the City Clerk shall inform the Commissioner of Public Safety of the licensee’s name and address and trade name, and the effective date and expiration date of the license. The City Clerk shall also inform the Commissioner of Public Safety of a microdistillery cocktail room license transfer, cancellation, suspension, or revocation during the license period.
(T) Microdistiller off-sale license. A microdistiller off-sale license may be issued to the holder of a state microdistillery license. A microdistiller off-sale license authorizes off-sale of one 375 milliliter bottle per customer per day of product manufactured on-site, provided the product is also available for distribution to wholesalers.
(U) Microdistiller temporary on-sale intoxicating liquor license. A microdistiller temporary on-sale intoxicating liquor license may be issued to the holder of a state microdistillery license. A microdistillery temporary on-sale intoxicating liquor license authorizes on-sale of intoxicating liquor in connection with a social event sponsored by the microdistillery within the city.
(Ord. 1060, passed 12-5-17) Penalty, see § 113.99