[Ord. No. 550, § III, 8-28-1979; Ord. No. 1020, 7-28-1915]
It shall be unlawful for any person to engage in the sale of
beer, liquor, wine, or other alcoholic beverages within the City without
first obtaining a license or permit therefor.
[Ord. No. 550, § III, 8-28-1979; Ord. No. 1040 § 1, 2-23-2016; Ord. No. 1044, 6-13-2017]
(a) The City shall issue retail licenses pertaining to the sale of alcoholic
beverages. Such retail licenses to be issued hereunder shall consist
of the following kinds:
(5) Club or lodge on-sale beer.
(6) Club or lodge on-sale liquor.
(7) Specialty restaurant on-sale beer.
(8) Hotel or motel on-sale beer.
(9) Hotel or motel on-sale liquor.
(10)
Specialty airport on-sale beer.
(11)
Specialty airport on-sale liquor.
(12)
Specialty supper club on-sale beer.
(13)
Specialty supper club on-sale liquor.
(14)
Specialty recreational on-sale beer.
(15)
Specialty recreational on-sale liquor.
(16)
Municipal golf course beer license.
(19)
Restaurant on-sale beer and liquor.
(20)
Domestic distillery license.
[Ord. No. 550, § III, 8-28-1979; Ord. No. 579, § 1, 6-23-1981; Ord. No. 600, § 1, 6-8-1982; Ord. No. 628, § 2, 2-28-1984; Ord. No. 745, § 1, 11-12-1991; Ord. No. 792, 4-23-1996; Ord. No. 799, 8-12-1997; Ord. No. 911, §§ 1,
2, 9-23-2008; Ord. No.
946, 3-27-2012; Ord. No. 955, 7-10-2012; Ord. No. 1040 § 2, 2-23-2016; Ord. No. 1044, 6-13-2017; Ord. No. 1070, 11-14-2017; amended 1-10-2023 by Ord. No. 1142]
(a) The following special conditions, limitations, restrictions, and
license fees shall apply to the various classes of licenses as indicated
below.
(b) Except for initial issuance fees and transfer fees as established
by resolution, the yearly license fee may be prorated, depending upon
the date of the license application, as follows: If the license is
applied for during: January, February, or March, the full license
fee shall be due; April, May or June, 75% of the full license fee
shall be due; July, August, or September, 50% of the full license
fee shall be due; and October, November, and December, 25% of the
full license fee shall be due.
(1) A "general on-sale beer license" shall authorize the licensee to
sell beer, at retail for consumption upon the premises of the licensee.
The license fee for a general on-sale beer license shall be established
by resolution of the City Commission. The license fee must be submitted
with the application for said license. Licenses issued under this
subsection shall be limited in number to one for each 2,000 people
residing in the City as shown by the most recent Federal or State
census.
(2) A "general on-sale liquor license" shall authorize the licensee to
sell intoxicating liquor at retail for consumption upon the premises
of the licensee. The license fee for a general on-sale liquor license
shall be established by resolution of the City Commission. The license
fee must be submitted with the application for said license. Licenses
issued under this subsection shall be limited in number to one for
each 4,000 people residing in the City as shown by the most recent
Federal or State census.
(3) A "general off-sale beer license" shall authorize the licensee to
sell beer, in the original package or container at retail as provided
herein. The license fee for a general off-sale beer license shall
be established by resolution of the City Commission. The license fee
must be submitted with the application for said license. Licenses
issued under this subsection shall be limited in number to one for
each 2,000 people residing in the City as shown by the most recent
Federal or State census.
(4) A "general off-sale liquor license" shall authorize the licensee
to sell intoxicating liquor in the original package at retail as provided
herein. The license fee for a general off-sale liquor license shall
be established by resolution of the City Commission. The license fee
must be submitted with the application for said license. Licenses
issued under this subsection shall be limited in number to one for
each 3,000 people residing in the City as shown by the most recent
Federal or State census.
(5) A "club or lodge on-sale beer license" shall authorize the licensee
to sell beer at retail for consumption upon the premises of the licensee
primarily for the convenience of the club or lodge members. The license
fee for a club or lodge on-sale beer license shall be established
by resolution of the City Commission. The license fee must be submitted
with the application for said licensee. There shall be no restrictions
as to the number of licenses granted to clubs or lodges under this
chapter.
(6) A "club or lodge on-sale liquor license" shall authorize the licensee
to sell intoxicating liquor at retail for consumption upon the premises
of the licensee primarily for the convenience of the club or lodge
members. The license fee for a club or lodge on-sale liquor license
shall be established by resolution of the City Commission. The license
fee must be submitted with the application for said license. There
shall be no restrictions as to the number of licenses granted to clubs
or lodges under this chapter.
(7) A "specialty restaurant beer license" shall authorize the licensee
to sell tap beer at retail for consumption upon the premises of the
licensee, subject to the following specifications and restrictions:
a. This subsection is applicable to, and the license specified hereunder
is limited to, those restaurants or establishments specializing in
the sale of pizza and similar specialty foods.
b. The food and beer license hereunder shall be for the sale of beer
for consumption on the premises only and no sales for consumption
off the premises shall be made.
c. A licensee hereunder shall sell tap beer only which shall be dispensed
by the licensee or any employee from kegs or barrels. The sale of
beer in bottles, cans or similar packages shall be permitted only
by permission of the Board of City Commissioners on a case-by-case
basis considering the circumstances of each licensed establishment.
d. Beer shall be consumed at tables or booths only, and no beer shall
be consumed at a counter or bar.
e. No dancing shall be permitted in an establishment holding a license
hereunder.
f. An establishment holding a license hereunder shall provide off-street
parking within the discretion of and subject to the approval of the
Board of City Commissioners.
g. The license fee for a specialty restaurant beer license shall be
established by resolution of the City Commission. The license fee
must be submitted with the application for said license.
h. Except as modified in this subsection, a licensee hereunder shall
comply with and be subject to all of the remaining qualifications
for licensees.
i. Licenses issued under this section shall not be limited by population.
j. It shall be unlawful for any specialty restaurant licensee under
this chapter to sell, give away, or permit to be consumed therein
any beer between the hours of 1:00 a.m. and 11:00 a.m.
(8) A "hotel or motel on-sale beer license" may be issued to a hotel or motel providing at least 70 rooms for transient guests. Except as otherwise provided herein, such license shall authorize the licensee to sell beer for consumption upon the premises of the hotel or motel. In the event any hotel or motel has a restaurant located upon or within the hotel or motel, any individual under the age of 21 years of age may not enter the licensed premises where the alcoholic beverages are being sold or displayed unless any of the exceptions found within Section
3-18, Article
II of Chapter
3 of the Code of Municipal Ordinances for the City of Williston are met and satisfied. The license fee for a hotel or motel on-sale beer license shall be established by resolution of the City Commission. The license fee must be submitted with the application for said license. Temporary bars may be used in banquet rooms or other areas for special events such as conventions, dinner meetings, or similar events, all of which must be held within the confines of the hotel or motel; such areas need not be designated in the license. There shall be no restrictions as to the number of licenses issued under this subsection.
(9) A "hotel or motel on-sale liquor license" may be issued to a hotel or motel providing at least 70 rooms for transient guests. Except as otherwise provided herein, such license shall authorize the licensee to sell intoxicating liquor for consumption upon the premises of the hotel or motel. In the event any hotel or motel has a restaurant located upon or within the hotel or motel, any individual under the age of 21 years of age may not enter the licensed premises where the alcoholic beverages are being sold or displayed unless any of the exceptions found within Section
3-18, Art.
II of Chapter
3 of the Code of Municipal Ordinances for the City of Williston are met and satisfied. The license fee for a hotel or motel on-sale liquor license shall be established by resolution of the City Commission. The license fee must be submitted with the application for said license. Temporary bars may be used in banquet rooms or other areas for special events such as conventions, dinner meetings, or similar events, all of which must be held within the confines of the hotel or motel; such areas need not be designated in the license. There shall be no restrictions as to the number of licenses issued under this subsection.
(10)
A "specialty airport on-sale beer license" may be issued to
the person approved by the City Commission to operate the restaurant
facilities at the Sloulin Field International Airport, or the Williston
Basin International Airport, once the airport facilities are relocated
and fully operational. Such license shall authorize the licensee to
sell beer, at retail, for consumption upon the premises of the licensee
in connection with the airport restaurant, in order to provide the
service desired for patrons of and visitors to such airport. The license
fee for a specialty airport on-sale beer license shall be established
by resolution of the City Commission. The license fee must be submitted
with the application for said license. Any applicant for such license
shall otherwise be subject to the qualification requirements for licensees
contained in this chapter. No off-sale distribution of beer shall
be permitted under such specialty license, and all State and municipal
regulations as to hours and time of service and clientele to be served
shall be observed by any such licensee. Said licensee shall be required
to maintain said on-sale service of beer as provided herein during
all hours in which retail dispensing of alcoholic beverages is permitted
under State and local law when said restaurant facility is open for
business.
(11)
A "specialty airport on-sale liquor license" may be issued to
the person approved by the City Commission to operate the restaurant
facilities at the Sloulin Field International Airport, or the Williston
Basin International Airport, once the airport facilities are relocated
and fully operational. Such license shall authorize the licensee to
sell intoxicating liquor, at retail for consumption upon the premises
of the licensee in connection with the airport restaurant, in order
to provide the service desired for patrons of and visitors to such
airport. The license fee for a specialty airport on-sale liquor license
shall be established by resolution of the City Commission. The license
fee must be submitted with the application for said license. Any applicant
for such license shall otherwise be subject to the qualification requirements
for licensees contained in this chapter. Any applicant for such license
shall otherwise be subject to the qualification requirements for licensees
contained in chapter. No off-sale distribution of intoxicating liquor
shall be permitted under such specialty license, and all State and
municipal regulations as to hours and times of service and clientele
to be served shall be observed by any such licensee. Said licensee
shall be required to maintain said on-sale service of intoxicating
liquor as provided herein during all hours in which retail dispensing
of alcoholic beverages is permitted under State and local law when
said restaurant facility is open for business.
(12)
A "specialty supper club on-sale beer license" shall mean a
special license to sell beer on an on-sale basis only, which may be
issued to steak, seafood or similarly menued supper clubs having a
seating capacity of 50 or more seats arranged in supper club style.
Holders of a supper club license shall be permitted to use a "service
type" bar for the preparation of drinks only and such drinks must
be consumed at the tables. The holder of a supper club license shall
have the right to provide a waiting area bar for patrons who are waiting
to be seated in the dining area of the supper club. The license fee
for a specialty supper club on-sale beer license shall be established
by resolution of the City Commission. The license fee must be submitted
with the application for said license. Except as modified in this
subsection, a licensee hereunder shall comply with and be subject
to all of the remaining qualifications for licensees. Licenses issued
under this subsection shall be limited in number to one for each 3,500
people in the City as shown by the most recent Federal or State census.
(13)
A "specialty supper club on-sale liquor license" shall mean
a special license to sell intoxicating liquor on an on-sale basis
only, which may be issued to steak, seafood or similarly menued supper
clubs having a seating capacity of 50 or more seats arranged in supper
club style. Holders of a supper club license shall be permitted to
use a "service type" bar for the preparation of drinks only and such
drinks shall be consumed at the tables. The holder of a supper club
license shall have the right to provide a waiting area bar for patrons
who are waiting to be seated in the dining area of the supper club.
The license fee for a specialty supper club on-sale liquor license
shall be established by resolution of the City Commission. The license
fee must be submitted with the application for said license. Except
as modified in the subsection, a licensee hereunder shall comply with
and be subject to all of the remaining qualifications for licensees.
Licenses issued under this subsection shall be limited in number to
one for each 3,500 people in the City as shown by the most recent
Federal or State census.
(14)
In addition to all other licenses for retail sale of beer authorized
by this chapter, the City Commission may issue a "specialty recreational
on-sale beer license" to the owner of an establishment providing unique
recreational activities for its patrons, such as, but not limited
to, a discotheque nightclub that features a dance floor, light shows,
a sophisticated sound system, and recorded music featuring the disco
sound; a peanut bar that features honky-tonk piano music, old movies,
sing-a-longs, and similar entertainment, and that serves peanuts and/or
popcorn to its customers; or a recreational activity center which
provides billiard tables, pool tables, fooseball machines, pinball
machines and other similar electronic parlor games and similar activities.
Such licenses may be issued only on the following conditions:
a.
The license fee shall be the same as provided for general on-sale
beer licensees. The license fee must be submitted with the application
for said license.
b.
All other qualifications for licensees shall apply.
c.
The application for license under this subsection shall be accompanied
by an architect's interior and exterior design, floor plans, site
locations and plans, and other operational characteristics, including
entertainment.
Licenses issued under this subsection shall be limited in number
to one for each 3,500 people in the City as shown by the most recent
Federal or State census.
(15)
In addition to all other licenses for retail sale of liquor
authorized by this chapter, the City Commission may issue a "specialty
recreational on-sale liquor license" to the owner of an establishment
providing unique recreational activities for its patrons, such as,
but not limited to, a discotheque nightclub that features a dance
floor, light shows, a sophisticated sound system, and recorded music
featuring the disco sound; a peanut bar that features honky-tonk piano
music, old movies, sing-a-longs, and similar entertainment, and that
serves peanuts and/or popcorn to its customers; or a recreational
activity center which provides billiard tables, pool tables, fooseball
machines, pinball machines and other similar electronic parlor games
and similar activities. Such licenses may be issued only on the following
conditions:
a.
The license fee shall be the same as provided for general on-sale
liquor licensees. The license fee must be submitted with the application
for said license.
b.
All other qualifications for licensees shall apply.
c.
The application for license under this subsection shall be accompanied
by an architect's interior and exterior design, floor plans, site
locations and plans, and other operational characteristics, including
entertainment.
Licenses issued under this subsection shall be limited in number
to one for each 3,500 people in the City as shown by the most recent
Federal or State census.
(16)
In addition to all other liquor licenses authorized by this
chapter, the City Commission may issue a municipal golf course beer
license to an operator authorized by the Williston Park District for
the purposes of selling beer at the municipal golf course. Sales under
this license are subject to the following condition:
a.
Only beer sold by the operator/licensee approved by the Williston
Park Board shall be consumed on the municipal golf course property.
b.
All sales shall take place within the club house in a space
where minors are not allowed, except for tournaments specifically
authorized by the Williston Park Board during which sales may take
place on the course.
c.
Unopened beer in a manner suitably identified in the Williston
Park Board's discretion may be removed from the club house to the
golf course. However, opened or unopened beer may not leave the golf
course premises.
d.
Minors may be allowed in the club house where consumption takes
place; however, nothing within this license shall be interpreted or
construed to allow sales to or consumption by minors.
e.
The consumption of the beer may take place within the club house
or outside.
f.
The annual fee for the municipal golf course license shall be
set by resolution of the City Commission. The license fee must be
submitted with the application for said license.
g.
There shall be no self-serve or machine sales of beer.
h.
The person selling the beer must be 21 years of age or older.
i.
The licensee/operator may be a golf-related organization recognized
and approved by the Williston Park Board, or an individual approved
by the Williston Park Board.
(17)
A "beer and wine on-sale" license shall authorize the licensee
to sell beer and/or wine at retail for consumption upon the premises
of the licensee. The initial fee for a beer and wine on-sale license
shall established by resolution of the City Commission and must be
submitted with the application for said license. The annual renewal
fee for a beer and wine on-sale license shall be established by resolution
of the City Commission and must be submitted with the application
for renewal.
(18)
A "microbrew pub license" authorizes the licensee to produce
and manufacture beer at retail for consumption upon the licensed premises,
in accordance with the requirements and limitations of N.D.C.C. § 5-01-14,
which are incorporated herein by reference. A microbrew pub licensee
is also subject to the following specifications and restrictions:
a.
A microbrew pub may manufacture on the licensed premises, store,
transport, sell to wholesale malt beverage licensees, and export no
more than 10,000 barrels of beer per year.
b.
The initial fee for a microbrew pub license shall be established
by resolution of the City Commission and must be submitted with the
application for said license. The annual renewal fee for a microbrew
pub license shall be established by resolution of the City Commission
and must be submitted with the application for renewal.
c.
A microbrew pub license will authorize
the licensee to sell:
(1)
Growlers, sold off-sale only; and
(2)
Beer that has been brewed on the premises of the licensee, which
may be sold either on-sale or off-sale.
d.
A microbrew pub licensee may not engage in wholesaling activities.
All sales and delivery of beer to any other retail licensed premises
may be made only through a wholesale beer licensee. A microbrew pub
licensee must comply with all statutory provisions for taxation under
N.D.C.C. § 5-01-14.
e.
A microbrew pub licensee is not precluded from retailing beer
it purchases from a wholesaler.
f.
Complimentary samples of beer may not be in an amount exceeding
16 ounces per patron.
g.
A microbrew pub licensee shall abide by the provisions of Section
3-76 of Article
V of this Chapter
3, governing hours and days of sale.
h.
Except as modified in this subsection, a microbrew pub licensee
shall comply with and be subject to all of the remaining qualifications
for licensees.
(19)
A "restaurant on-sale beer and liquor license" shall mean a
special license to sell beer and liquor on an on-sale basis only,
which may be issued to an establishment providing multi-course meals
as well as appetizers and desserts and which derives 50% or more of
its annual gross receipts from the sale of prepared meals on premises
and not alcoholic beverages. The applicant shall disclose the amount
of alcohol versus food sales tax information that was reported to
the State and such will be provided within seven days of request to
verify the 50% requirement for food sales or they shall forfeit license.
Main course menu items shall be fully prepared on the premises and
shall not be primarily pre-packaged, pre-processed, or pre-prepared
food products intended for fast or convenient service. The holder
of a restaurant on-sale beer and liquor license shall have the right
to provide an area where food and beverages are served to patrons
seated at a bar type structure and where beverages are prepared for
other patrons seated in the restaurant. The hours within which sales
of alcoholic beverages may be made shall coincide with the hours permitted
by the City of Williston for the sale of alcoholic beverages and shall
also be additionally limited as set forth herein. When the kitchen
is not in full operation and a full menu service is not being offered
to patrons, the sale and consumption of alcoholic beverages shall
be discontinued. It is the intention of this restriction that the
purpose of a "specialty establishment on-sale beer and liquor license"
is to allow the sale of alcoholic beverages as an adjunct to the restaurant
operation and not that of operating a full-time liquor establishment.
Therefore, no live music, public dancing, or strobe lights are allowed
at any time. A recipient of a "restaurant on-sale beer and liquor
license" shall provide a full and complete restaurant and kitchen
adequate for the preparation of food as required by this section.
Such restaurant and kitchen shall be subject to approval by the Board
of City Commissioners. The initial one-time fee for a restaurant on-sale
beer and liquor license shall be established by resolution of the
City Commission and must be submitted with the application for said
license. The annual renewal fee for the license shall be established
by resolution of the City Commission and must be submitted with the
application for renewal. Except as modified in this subsection, a
license hereunder shall comply with and be subject to all of the remaining
qualifications for licenses. There shall be no restrictions as to
the number of licenses issued under this subsection. A restaurant
on-sale and liquor license is specific to the location listed on the
original application, is not transferable on a temporary basis, and
any future transfers are restricted to establishments meeting the
above criteria at that location. Noncompliance will require review
and possible penalties by the Williston City Commission.
(20)
A "domestic distillery license" authorizes the licensee to produce
distilled spirits and authorizes the sale of distilled spirits in
accordance with the requirements and limitations of N.D.C.C. § 5-01-19,
which are incorporated herein by reference. A domestic distillery
licensee is also subject to the following restrictions and conditions:
a.
A domestic distillery licensee may sell spirits produced by
that distillery at on-sale or off-sale, in retail lots, and not for
resale, and may sell or direct ship its spirits to persons inside
or outside the State in a manner consistent with the laws of the place
of the sale or delivery in total quantities not to exceed 25,000 gallons
in a calendar year. Direct sales within the State of North Dakota
are limited to 2.38 gallons or less per month per person for personal
use and not for resale. The packaging for spirits must conform with
the labeling requirements set forth in N.D.C.C. § 5-01-16.
b.
The initial fee for a domestic distillery license shall be established
by resolution of the City Commission and must be submitted with the
application for said license. The annual renewal fee for a domestic
distillery license shall be established by resolution of the City
Commission and must be submitted with the application for renewal.
c.
A domestic distillery licensee may obtain a domestic distillery
license and a retailer license allowing the on-premises sale of alcoholic
beverages at a restaurant owned by the licensee and located on property
contiguous to the domestic distillery. A domestic distillery licensee
may also own or operate a winery.
d.
A domestic distillery license shall only be issued to a domestic
distillery owner or operator who has obtained an annual manufacturing
license from the North Dakota State Tax Commissioner allowing the
production of distilled spirits.
e.
A domestic distillery licensee shall abide by the provisions of Section
3-76 of Article
V of this Chapter
3, governing hours and days of sale.
f.
To the extent the following activities are authorized under
N.D.C.C. § 5-01-19(2), the same shall also be authorized
within the City:
1.
A licensee may dispense free samples of the distilled spirits
offered for sale.
2.
Special events for which a permit has been obtained from the
State Tax Commissioner allowing the domestic distillery to give free
samples of its product and to sell its product by the glass or in
closed containers at off-premises events are, as a result of such
permit, authorized within the City.
3.
Participation in Pride of Dakota events for which a special
events permit has been obtained from the State Tax Commissioner is,
as a result of such permit, authorized within the City.
g.
A domestic distillery license authorizes the licensee to sell
glassware, distilled spirits literature and accessories, cheese, cheese
spreads, and other snack food items.
(21)
A "domestic winery license" authorizes the licensee to operate
a domestic winery and to produce and sell wine on-sale and off-sale
within in the City in accordance with the requirements and limitations
of N.D.C.C. § 5-01-17, which are incorporated herein by
reference. A domestic winery licensee is also subject to the following
restrictions and conditions:
a.
A domestic winery license may be issued only to a domestic winery
owner or operator who obtains a license from the State Tax Commissioner
allowing the production of wine.
b.
The initial fee for a domestic winery license shall be established
by resolution of the City Commission and must be submitted with the
application for said license. The annual renewal fee for a domestic
winery license shall be established by resolution of the City Commission
and must be submitted with the application for renewal.
c.
A domestic winery license authorizes the licensee to sell wine
produced by that winery at on-sale or off-sale, in retail lots, and
not for resale, and may sell or direct ship its wine to persons inside
or outside the State in a manner consistent with the laws of the place
of the sale or delivery in total quantities not to exceed 25,000 gallons
in a calendar year. In addition, a domestic winery licensee may, if
so authorized by a license issued by the State of North Dakota, sell
beer on-sale only, provided that such on-sale beer sales shall be
incidental to the sale of wine.
d.
A domestic winery license authorizes the licensee to sell glassware,
wine literature and accessories, cheese, cheese spreads, and other
snack food items.
e.
Direct sale by licensed wineries.
1.
A licensed winery that produces
no more than 50,000 gallons of wine per year may sell and deliver,
on site or off site, the wine produced by the winery directly to licensed
retailers. The licensed winery may sell and deliver wine on site to
a licensed retailer who presents the retailer's license or a photocopy
of the license. The winery may deliver the wine off site if the winery:
i.
Uses the winery's equipment, trucks, and employees to deliver
the wine;
ii.
Contracts with a licensed distributor to ship and deliver the
wine to the retailer; or
iii. Contracts with a common carrier to ship and deliver
the wine to the retailer directly from the winery or the winery's
bonded warehouse.
2.
The shipments delivered by a winery's equipment, trucks, and
employees in a year may not exceed 4,500 cases. A case may not exceed
2.38 gallons of wine.
3.
Individual shipments delivered by common carrier may not exceed
three cases per day for each licensed retailer. The shipments delivered
by a common carrier in a year may not exceed 4,500 cases. A case may
not exceed 2.38 gallons of wine.
f.
To the extent the following activities
are authorized under N.D.C.C. § 5-01-17(2), the same shall
also be authorized within the City:
(1)
A licensee may dispense free samples on the licensed premises
of the wines offered for sale.
(2)
Special events for which a permit has been obtained by the State
Tax Commissioner to give free samples of its product and to sell its
wine by the glass or in closed containers at off-premises events are,
as a result of such permit, authorized within the City.
(3)
Participate in Pride of Dakota events, for which a special events
permit has been obtained from the State Tax Commissioner is, as a
result of such permit, authorized within the City, provided that the
incidental sales of on-sale beer allowed by paragraph c above, will
not be allowed at the locations where said permits are utilized.
g.
A domestic winery license shall not be required for a domestic
winery owner or operator possessing a license from the State Tax Commissioner
allowing the production of wine and only being present within the
City to utilize special event permits issued by the State Tax Commissioner.
It is the intent of this exemption to not require licensure by domestic
winery owners or operators, if properly licensed elsewhere, where
its only presence in the City is to utilize special event permits.
h.
A domestic winery licensee shall abide by the provisions of Section
3-76 of Article
V of this Chapter
3, governing hours and days of sale.
i.
Except as modified in this subsection, a licensee hereunder
shall comply with and be subject to all of the remaining qualifications
for licensees.
(22)
A "brewer taproom license" authorizes the licensee to manufacture
on the licensed premises, store, transport, sell, and export 25,000
barrels or less of beer annually in accordance with the requirements
of N.D.C.C. § 5-01-21, as amended from time to time, which
are incorporated herein by reference. A brewer taproom licensee is
also subject to the following restrictions and limitations:
a.
The initial fee for a brewer taproom license shall be established
by resolution of the City Commission and must be submitted with the
application for said license. The annual renewal fee for a brewer
taproom license shall be established by resolution of the City Commission
and must be submitted with the application for renewal.
b.
A licensee may sell malt beverages manufactured on the licensed
premises for consumption on the premises of the brewery or a restaurant
owned by the licensee and located on property contiguous to the brewery.
c.
A brewer taproom licensee may sell beer manufactured on the
licensed premises for off-premises consumption in brewery-sealed containers
of not less than 12 ounces, growlers, and in brewery-sealed kegs not
to exceed 5.16 gallons.
d.
A licensee may sell and deliver beer produced by the brewery
to licensed beer wholesalers.
e.
A brewer taproom licensee shall abide by the provisions of Section
3-76 of Article
V of this Chapter
3, governing hours and days of sale.
f.
A brewer taproom licensee shall obtain any brewery license required
by the State of North Dakota.
g.
Multiple brewer taproom licenses may be issued to the owner
or operator of a brewery producing no more than 25,000 barrels of
malt beverages annually. Brewer taproom licensees with multiple taprooms
must produce beer at each location and the total amount of beer produced
at all locations combined may not exceed 25,000 barrels of malt beverages
annually.
h.
To the extent the following activities are authorized under
N.D.C.C. § 5-01-21(2), as amended from time to time, the
same shall also be authorized within the City:
1.
A licensee may dispense free samples of beer offered for sale.
Complimentary samples may not exceed 16 ounces per patron.
2.
A licensee may sell and deliver beer produced by the brewery
to licensed retailers within the State of North Dakota, subject to
the conditions set forth in N.D.C.C. § 5-01-21(2)(f), as
amended from time to time.
3.
Special events for which a permit has been obtained from the
State Tax Commissioner allowing the brewer taproom licensee to give
free samples of its beer and to sell its beer by the glass or in enclosed
containers at off-premises events are, as a result of such permit,
authorized within the City, so long as notice of the special event
to which the permit is issued is given to the City Auditor, who shall
forward to the Chief of Police, no less than three days before the
event is to occur.
4.
A licensee may participate in Pride of Dakota events, for which
a special events permit has been obtained from the State Tax Commissioner
is, as a result of such permit, authorized within the City.
i.
All sales and delivery of beer to licensed retailers within
the State must be made in accordance with N.D.C.C. § 5-03-07
(governing tax rate) and N.D.C.C. § 5-01-21(2)(f) (governing
sale and delivery of beer to licensed retailers within the State).
Additional sales may be made through a wholesaler licensed in this
State. Beer manufactured on the licensed premises and sold by a brewer
taproom licensee directly to the consumer for consumption on or off
of the premises are subject to the taxes imposed pursuant to N.D.C.C. § 5-03-07,
in addition to any other taxes imposed on brewers and retailers.
[Ord. No. 550, § III, 8-28-1979; Ord. No. 911, § 3, 9-23-2008]
Only the holder of a "restaurant on-sale beer and liquor license"
is entitled to sell beer without the purchase of a separate license
for the sale of beer. The holder of a retail liquor license in a class
other than "restaurant on-sale beer and liquor license" shall not
be entitled to sell beer without the purchase of a separate license
for the sale of beer.
[Ord. No. 550, § III, 8-28-1979]
Any person engaging in the sale at wholesale of beer or liquor
in this city must first procure a license from the State Treasurer
for the State of North Dakota. The city shall not issue wholesale
beer or liquor licenses.
[Ord. No. 550, § III, 8-28-1979; Ord. No. 745, § 1, 11-12-1991; Ord. No. 1049, 4-25-2017]
(a) The office of the City Auditor may, by special permit, authorize
an on-sale alcoholic beverage licensee to engage in the sale of alcoholic
beverages at special events, public dances or music festivals on such
premises as may be designated by such permit. The fee for such local
special permits shall be $25, and such permits shall not be valid
for a period greater than 14 days and may include Sundays.
(1) An alcoholic beverage licensee desiring to conduct a special event,
public dance or music festival wherein alcoholic beverages will be
sold, or to sell alcoholic beverages at a special event, public dance
or music festival conducted by any other person who has been granted
a permit to do so by the Board of City Commissioners, shall make an
application for a special permit to do so to the office of the City
Auditor. The application shall set forth:
a. The name of the applicant;
b. The time or period for which the permit is desired;
c. The place where such special event, public dance or music festival
is to be conducted or held.
Said application shall be filed on the form supplied by the
City for such purposes.
(2) The City Auditor shall refuse to issue such permit and shall revoke
a permit already issued when it appears that:
a. The permitted site is or is likely to become a public nuisance or
detrimental to public morals;
b. Alcoholic beverages or controlled substances are being sold or given
away except as provided by such permit;
c. Any of the ordinances of this City or the laws of the State are being
violated; or
d. The City Auditor may refer to the Board of City Commissioners, protests
to the issuing of such permit that are made, either orally or in writing,
by a sufficient number of people living in the neighborhood of such
site for which application for such permit is made to warrant refusal
or revocation of such permit as being in a public interest.
(3) An applicant may appeal a decision made by the City Auditor to the
Board of City Commissioners. The appeal must be filed within 30 days
of the City Auditor's decision. A hearing on the appeal shall be held
at the next regular commission meeting following the filing of the
appeal. The appeal must be filed on a form provided by the City and
signed by the applicant.
[Ord. No. 550, § III, 8-28-1979; Ord. No. 745, § 1, 11-12-1991; Ord. No. 768, § 1, 6-14-1994; Ord. No. 1022, 8-25-2015]
The board of city commissioners may issue a Sunday alcoholic
beverage permit to any qualified alcoholic beverage licensee licensed
as a retail alcoholic beverage establishment under this chapter and
under the laws of this state. Such special permit shall be granted
only upon proper application to and approval by the board of city
commissioners. No extra fee shall be charged for such permit. The
board of city commissioners may permit dancing and the distribution
of alcoholic beverages for consumption on the premises of the licensee
between the hours of 11:00 a.m. on Sunday and 1:00 a.m. on the following
Monday. The general public may be permitted to participate in the
consumption of alcoholic beverage distributed under the authority
of the permit.
Any person who dispenses, sells or permits the consumption of
alcoholic beverages in violation of this section or the conditions
of a permit issued hereunder, or who furnished information required
by this section which is false or misleading, shall be guilty of a
violation of this chapter.
[Ord. No. 550, § III, 8-28-1979; Ord. No. 1049, 4-25-2017]
(a) Special permits to serve beer, liquor, wine or other alcoholic beverages
in public buildings leased for social or business use by private groups
without license fees or other charges therefor may be obtained upon
compliance with the provisions of this section.
(1) Qualification. The application for a permit authorized by this section
must be for a temporary social or business use not open to the public
at large but restricted to a particular organization temporary or
permanent described in the application. The application must be for
a permit to:
a. Serve without charge by the applicant, his or her, or its guests
as an act of hospitality.
b. Serve without profit and at cost to those persons who are described
in the application and who have contributed to a fund with which applicant
has purchased the beer, wine, liquor or alcoholic beverage with mixes
and incidentals to its service.
(2) Compliance. Any person or organization operating under a special
permit issued under this section shall operate in compliance with
all applicable provisions of this chapter relating to alcoholic beverages
except those provisions relating to licensees.
(3) Application form. The application for a permit authorized by the
provisions of this section shall be made to the office of the City
Auditor upon forms furnished by it, and the applicant shall furnish
additional information required by the City Auditor.
(4) Statement. The application for a permit under this section must state
that the applicant will not sell at retail any beer, wine, liquor,
or other alcoholic beverages under such special permit.
(5) Fee. The applicant for a permit under this section shall pay with
the filing of the application a fee of $25 for handling of the same.
(6) Inspection of premises. The applicant for a permit under this section
shall, by making such application, consent and agree that police officers
may enter and inspect the leased premises or part thereof at any time
to check compliance with City ordinances.
[Ord. No. 550, § III, 8-28-1979]
In addition to the other requirements set forth herein, applicants
under the provisions of this article shall provide adequate off-street
parking within the discretion of and subject to the approval of the
board of city commissioners, or otherwise comply with applicable ordinances
relating to parking requirements in the business district.
[Ord. No. 550, § III, 8-28-1979]
If the specialty upon which any of the above licenses are based,
ceases to be in operation, the license issued in reliance of such
specialty shall immediately be cancelled and the license holder shall
turn such license in to the board of city commissioners.
[Ord. No. 619, § 2, 6-28-1983; Ord. No. 798, 8-12-1997]
(a) Notwithstanding the definitions of "Premises" and "On-sale" in Section
3-1 herein, sale and consumption of alcoholic beverages in a commercial bowling facility not specifically licensed under this chapter is not unlawful subject to the terms and conditions hereinafter provided.
(1) A licensed seller may sell alcoholic beverages in a commercial bowling
facility only during league play and during tournaments to actual
participants. Observers may consume on the bowling premises during
tournaments or league play but must purchase within the licensed facility.
The licensed seller's facility must be located within the same building
as the commercial bowling facility. No alcoholic beverages may be
brought onto the bowling premises except as sold on-sale by the licensee.
The mixing of drinks and storage of alcoholic beverages shall be restricted
to the licensed seller's premises.
(2) The owner of the bowling establishment and the licensed seller have
consented in writing to such activity and use, and such consent shall
be filed annually with the liquor license application.
(3) The proposed activity and use will not unreasonably interfere with
or detract from the promotion of public health, welfare, safety and
recreation.
(4) The proposed activity or use is not reasonably anticipated to incite
violence, crime or disorderly conduct.
(5) The proposed activity will not entail unusual, extraordinary or burdensome
expense or police operation.
(6) The licensed facility is responsible for complying with all ordinances
dealing with alcoholic beverages as though the bowling facility were
a licensed premises, except minors may be present. It is the licensed
seller's duty to prohibit any minor from consuming any alcoholic beverage
sold by the licensee in any area where licensee is serving.
(7) The privilege to sell and allow consumption in the bowling facility
may be revoked by the city commission if:
a. The owner of the bowling facility at which the activity takes place
withdraws his consent;
b. The activity and use incites or encourages violence, crime or disorderly
conduct;
c. The activity requires unusual, extraordinary or burdensome expense
or police operations; or
d. For any other reason the city auditor or any other person or officer
as may be designated by the board of city commissioners, reasonably
believes that the activity or use detracts from the promotion of public
health, welfare, safety or recreation.
[Ord. No. 745, § 1, 11-12-1991]
A licensee holding an on- or off-sale liquor license, an on-
or off-sale beer license, or any combination of licenses may not transfer
such licenses by sale or other means except as a whole unit as approved
by the board of city commissioners and payment of the proper fee by
the new applicant. Persons or corporations acquiring an on- or off-sale
liquor license, on- or off-sale beer license, or any combinations
of licenses may, without penalty, drop any one or more of the licenses
by not marking on the application that part of the license and not
paying that portion of the fee. Any such dropped license shall be
considered null and void.
[Ord. No. 1020, 7-28-2015]
(1) Temporary special event alcoholic beverage permits may be issued to eligible charitable and civic groups by the Board of Commissioners of the City of Williston in conjunction with special events held within the City of Williston. Any permit issued pursuant to this section may be issued for a period of time established by the board of city commissioners, not to exceed five consecutive days. The permit shall be issued to a person at a specific place in the same manner as licenses and permits issued pursuant to Article
III, Chapter
3 of the Williston Code of Ordinances.
(2) The special alcoholic beverage permits available are as follows:
a. Special event beer retailer. Special event beer retailer permits
are available to any civic organization, as approved by the board
of city commissioners.
b. Special event on-sale wine retailer. Special event on-sale wine retailer
permits are available to any civic organization, as approved by the
board of city commissioners.
c. Special event on-sale liquor retailer. Special event on-sale liquor
retailer permits are available to any civic organization, as approved
by the board of city commissioners.
(3) Persons or groups requesting a special event alcoholic beverage permit shall make application on forms available from the City of Williston, and shall be subject to the same requirements as an applicant for a permit under Section
3-40 of the Williston Code of Ordinances.
(4) The hours of operation of each special event alcoholic beverage permit
shall be as set by the board of city commissioners.
(5) Persons applying for a special event alcoholic beverage permit shall
pay a nonrefundable application fee as follows:
a. Special event beer retailer - $50 per event.
b. Special event on-sale wine retailer - $50 per event.
c. Special event on-sale liquor retailer - $150 per event.
(6) No person may be issued more than 12 special event alcoholic beverage
permits within any calendar year. Notwithstanding the foregoing, any
combination of permits issued to the same person, at the same place,
for the same time, and for the same special event shall be counted
only as one permit for the purposes of the twelve-permit annual limit.
(7) The board of city commissioners shall refuse to issue a special event
alcoholic beverage permit and shall revoke a permit when it appears
that:
a. The permitted site is or is likely to become a public nuisance or
detrimental to public morals;
b. Alcoholic beverages or controlled substances are being sold or given
away, except as approved by such permit;
c. Any of the ordinances of this city of the laws of this state are
being violated; or
d. Protests to the issuance of such permit are made, either orally or
in writing, by a sufficient number of people living in the neighborhood
of such site for which the application for such permit is made. It
is in the sole judgment of the board of city commissioners to determine
whether said protests warrant refusal or revocation of such permit
as being against the public interest and welfare.