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license hereunder has been revoked for cause until one year has elapsed after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
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 parentor 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.
Part 2. Municipal Liquor
There is currently no ordinance on the books with
regard to a municipal dispensary.