(A) No person shall sell 3.2 malt liquor without first having obtained a license therefor from the city. All applications for licenses shall be made upon forms approved by the City Council. On-sale 3.2% malt liquor licenses will only be issued to drugstores, 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. (M.S. § 340A.411, Subd. 1).
(B) Temporary licenses and annual on-sale, off-sale and wholesale license fees shall be established by resolution of the City Council.
(C) Annual licenses shall be issued for a period of one year commencing on January 1. Provided, however, that if application is later made, a pro rata fee shall be charged for issuance of the license.
(D) Temporary licenses shall be issued for a period of time less than one year and shall be issued only to a club or charitable, religious, or non-profit organization and shall be issued subject to the following conditions:
(1) A deposit in an amount to be set from time to time by resolution of the City Council must be submitted to the City Clerk with the application. The deposit shall be returned to the applicant within 30 days following the termination of the temporary license if no damage to person or property has occurred. Damage to property shall include but not be limited to littering of premises. If personal or property damage occurs, the deposit may be used for reimbursement of damages including but not limited to cleaning expenses. Prior to the use of the deposit, notice will be sent to the applicant informing applicant of the damage and proposed use of the deposit. If so requested in writing within ten days, the applicant is entitled to a hearing before the City Council at the next regularly scheduled City Council meeting following the request. Following said hearing the City Council shall decide what portion, if any, of the deposit will be returned to the applicant/licensee.
(2) Service of 3.2 malt liquor by a temporary licensee shall be limited to plastic and/or paper containers.
(3) The days and hours of each temporary license shall be determined and set on an individual basis by the City Council after appropriate investigation and based upon considerations which may include but shall not be limited to the following:
(a) The proposed location;
(b) The support or opposition of property owners and/or residents within 1,000 feet of the proposed location;
(c) The character of the organization or club that makes application; and
(d) The purpose for which the license is sought.
(4) The person making application on behalf of a club or organization must be a local resident and his or her relationship to the club or organization fully set forth in the application.
(5) No more than two temporary licenses shall be issued to any organization or club in any calendar year.
(E) On-sale and temporary licenses shall be granted only to applicants whose places of business or proposed place of sale, wherein their products will be sold, are situated in areas other than R-1, Single Family Residence District; R-2, Two Family Residence District; and R-4, Multiple-Family Residence District.
('69 Code, § 4.26, Subd. 2) (Ord. 1074, passed 10-28-13) Penalty, see § 10.99