Part 2. Beer Licensing
602.01. Definition of terms. Subdivision 1. Beer. As used in this ordinance, beer or
non-intoxicating malt liquor means any malt beverage with an alcoholic content
of more than one-half of one percent by volume and not more than three and
two-tenths percent by weight.
Subd. 2. Beer
store. Beer store means an
establishment used exclusively for the retail sale of beer, with the incidental
sale of tobacco and soft drinks.
602.02. License required. Subdivision
1. Licenses. No person except wholesalers and
manufacturers to the extent authorized by law, shall deal in or dispose of by
gift, sale, or otherwise, or keep or offer for sale, any beer within the city
without first having received a license as hereinafter provided. Licenses shall be of three kinds: 1) regular on-sale; 2) temporary on-sale; 3)
off-sale.
Subd. 2. Regular
on-sale. Regular on-sale licenses
shall be granted only to clubs, beer stores, exclusive on-sale liquor stores,
drug stores, restaurant, hotels, and bowling centers where food is prepared and
served for consumption on the premises. On-sale licenses shall permit the sale of beer for consumption on the
premises only.
Subd. 3. Temporary
on-sale. Temporary on-sale licenses
shall be granted only to clubs or charitable, religious, or non-profit
organizations for the sale of beer for consumption on the premises only.
Subd. 4. Off-sale. Off-sale licenses shall permit the sale of
beer at retail, in the original package for consumption off the premises only.
602.03. License applications. Subdivision 1. Form. Every application for a license to sell beer shall be made to the city
clerk on a form supplied by the city and containing such information as the
clerk or the city council may require. It
shall be unlawful to make any false statement in an application. Every application for the issuance or renewal
of a license shall include a copy of each summons received by the applicant
under Minn. Stat. 340A.802 during the preceding year.
Subd. 2. Proof
of financial responsibility. Prior
to the issuance of a beer license, the applicant shall demonstrate proof of
financial responsibility as defined in Minn. Stat. 340A.409, Subd. 1, with
reference to liability under Minn. Stat. 340A.801. Such proof shall be filed with the
commissioner of public safety except that if a license involves sales of beer
of a prospective vendor who is not required by law to file such proof with the
commissioner of public safety, such proof shall be filed with the city clerk. Any liability insurance policy filed as proof
of financial responsibility under this subdivision shall conform to Minn. Stat.
340A.409.
Subd. 3. Approval
of security. Liability insurance
policies required by this ordinance but
not by state law shall be approved as to form by the city attorney. Operation of a business licensed by this
ordinance without having on file with the state insurance commissioner or the
city at all times effective security as required in Subd. 2 is a cause for
revocation or suspension of the license.
602.04. License fees. Subdivision 1. Payment
required. Each application for a
license shall be accompanied by a receipt from the city treasurer for payment
in full of the required fee for the license. All fees shall be paid into the general fund of the city. Upon rejection of any application for a
license, the treasurer shall refund the amount paid.
Subd. 2. Expiration;
pro rata fees. Every license except
a temporary license shall expire on he last day of June in each year. Each license except a temporary license shall
be issued for a period of one year, except that if a portion of the license
year has elapsed when the license is granted, the license shall be issued for the
remainder of the year for a pro rata fee. In computing such a fee, any unexpired fraction of a month shall be
counted as one month. A temporary
license shall be issued for a specified period in which a special event to
which the sale in incident is being held and such period shall be stated on the
license.
Subd. 3. Fees. The annual fee for a regular on-sale
license is $100.00.
The
annual fee for an off-sale license is $100.00.
The
fee for a temporary on-sale license is $25.00 per day.
Subd. 4. Refunds. No part of the fee paid for any license issued under this ordinance
shall be refunded except in the following instances upon application to the
council within ten days from the happening of the event. There shall be refunded a pro rata portion of
the fee for the unexpired period of the license, computed on a monthly basis,
if:
1. The business ceases to operate because of
destruction or damage;
2. The licensee dies;
3. The
business ceases to be lawful for a reason other than a license revocation; or
4. The licensee ceases to carry on the licensed
business under the license.
602.05. Granting of license. Subdivision
1. Investigation and hearing. The city council shall investigate all facts
set out in the application. Opportunity
shall be given to any person to be heard for or against the granting of the
license. After such investigation and
hearing, the council shall grant or refuse the application in its discretion.
Subd. 2. Transfers. Each license shall be issued to the applicant only and shall not be transferable
to another holder. Each license shall be
issued only for the premises described in the application. No license may be transferred to another
place without the approval of the council.
602.06. Persons
ineligible for license. No license shall
be granted to or held by any person who:
1. Is under 21 years of age;
2. Has within five years prior to the
application for such license, been convicted
of a felony, or of violating any law of this state or local ordinances relating to the manufacture,
sale, distribution or possession for
sale or distribution of intoxicating liquors, and cannot show competent evidence under Minn. Stat. 364.03
of sufficient rehabilitation and present
fitness to perform the duties of a beer licensee;
3. Is a manufacturer of beer or is interested in
the control of any place where
beer is manufactured.
4. Is not a citizen or resident alien.
5. Is not of good moral character;
6. Is not the proprietor of the establishment
for which the license is issued.
602.07. Places
ineligible for license. Subdivision
1. Conviction or revocation. No license shall be granted for sale on any
premises where a licensee has been convicted on the violation of this
ordinance, or of the state beer or liquor law, or where any license hereunder
has been revoked for cause until one year has elapsed after such conviction or
revocation.
Subd. 2. Unpaid claims. No license shall be granted for operation on
any premises upon which taxes or assessments or other financial claims of the
city are delinquent and unpaid.
602.08. Condition of license. Subdivision
1. General conditions. Every license shall be granted subject to the
conditions in the following subdivisions and all other provisions of this
ordinance and of any other applicable ordinance of the city or state law.
Subd. 2. Insurance. Compliance with financial responsibility requirements of state law and
of this ordinance is a continuing condition of any license granted pursuant to
this ordinance.
Subd. 3. Sales to minor or obviously intoxicated
persons. No beer shall be sold or served
to any obviously intoxicated persons and to any person under 21 years of age.
Subd. 4 Consumption by minors. No person under the age of 21 years shall be
permitted to consume beer on the licensed premises.
Subd. 5. Employment of minors. No person under the age of 18 years shall be
employed on the premises of a beer store.
Subd. 6. Interest of manufacturers or
wholesalers. No manufacturer or
wholesaler of beer shall have any
ownership of, or interest in, an establishment license to sell at retail
contrary to the provisions of Minn. Stat. 340A.301, Subd. 7. No retail licensee and manufacturer or whole
saler of beer shall be parties to any
exclusive purchase contract. No retail
licensee shall receive any benefits contrary to law from a manufacturer or
wholesaler of beer and no such manufacturer or wholesaler shall confer any
benefits contrary to law upon a retail licensee.
Subd. 7. Sales of intoxicating liquor. No licensee who does not hold a consumption
and display permit shall sell or permit the consumption or display of
intoxicating liquor on the license premises or serve any liquor for the purpose
of mixing with intoxicating liquor. The
presence of intoxicating liquor on the
premises of such a licensee shall be prima facie evidence of possession of
intoxicating liquors for the purpose of sale; and the serving of any liquid for
the purpose of mixing with intoxicating liquors shall be prima facie evidence
that intoxicating liquor is being permitted to be consumed or displayed
contrary to this ordinance.
Subd. 8. Searches and seizures. Any peace officer may enter, inspect and
search the premises of a licensee during business hours without a search and
seizure warrant and may seize all intoxicating liquor found on the licensed
premises in violation of Subd. 7.
Subd. 9. Licensee's responsibility. Every licensee is responsible for the conduct
in the licensee's establishment and any sale of alcoholic beverages by any
employee authorized to sell such beverage is the act of the licensee.
Subd. 10. Banquet rooms. A regular on-sale license shall entitle the
holder to serve beer in a separate room of the licensed premises for banquets or dinners at which are
present not fewer than 25 persons.
602.09. Closing
hours. No sale of beer shall be made on
any Sunday between the hours of 1:00 a.m. and 12:00 noon, nor between the hours
of 1:00 a.m. and 10:00 a.m. on any other
day of the week.
602.10. Club. No club shall sell beer except to members and to guests in the company
of members.
602.11. Restrictions on purchase and consumption. Subdivision 1. Consumption. It is unlawful for any person under the age of 21 years to consume beer
unless in the household of the person's parent or guardian and with the consent
of the parent or guardian.
Subd. 2. Purchasing. It is unlawful for any person:
1. To sell, barter, furnish, or give beer to a
person under 21 years of age, except
that a parent or guardian of a person under that age may give or furnish beer to the person solely for
consumption in the household of the parent
or guardian;
2. Under the age of 21 years to purchase or
attempt to purchase beer; or
3. To induce a person under the age of 21 years
to purchase or procure beer.
Subd. 3. Possession. It is unlawful for a person under
the age of 21 years to possess beer with the intent to consume it at a place
other than the household of the person's parent or guardian. Possession at a place other than the
household of a parent or guardian is prima facie evidence of intent to consume
it at a place other than the household
of the parent or guardian.
Subd. 4. Entering license premises. It is unlawful for a person under the age of
21 years to enter an establishment licensed under this ordinance in order to
purchase beer or have beer served or delivered.
Subd. 5. Misrepresentation of age. It is
unlawful for a person under the age of 21 years to misrepresent his or her age
for the purpose of purchasing beer.
Subd. 6. Proof of age. Proof of age for purchasing or consuming beer may be established only by
a valid driver's license or Minnesota identification card, or in the case of a foreign national by a
valid passport.
Subd. 7. Liquor consumption and display. No person shall consume or display any
intoxicating liquor on the premises of a licensee who does not hold a
consumption and display permit.
602.12. Suspension and revocation. The council shall either suspend for up to 60
days or revoke any beer license, or impose a civil fine not to exceed $2,000,
for each violation upon a finding that the licensee has failed to comply with
any applicable statute, regulation, or ordinance relating to alcoholic
beverages. Except in case of failure of
financial responsibility, no suspension or revocation shall take effect until
the licensee has been afforded an opportunity for hearing pursuant to
Minn. Stat. 14.57 to 14.69 of the adminis-trative
procedure act. Lapse of required dram shop insurance or bond, or withdrawal of
a required deposit of cash or securities, shall effect an immediate suspension
of any license issued pursuant to this ordinance without further action of the
city council. Notice of cancellation,
lapse of a current liquor liability policy or bond, or withdrawal of deposited
cash or securities 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
bond, or withdrawal of a required deposit, or of suspension or revocation of a
license, may request a hearing thereon, and if such a request is made in
writing to the clerk a hearing shall be granted within 10 days or such longer
period as may be required. Any
suspension under this paragraph shall continue until the city council
determines that the financial responsibility requirements of this ordinance
have again been met.