City of Williston, ND Article III Licenses

§ 3-35 Required.

[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.

§ 3-36 Retail licenses to be issued.

[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:

(1) General on-sale beer.

(2) General on-sale liquor.

(3) General off-sale beer.

(4) General off-sale liquor.

(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.

(17) Beer and wine on-sale.

(18) Microbrew pub license.

(19) Restaurant on-sale beer and liquor.

(20) Domestic distillery license.

(21) Domestic winery license.

(22) Brewer taproom license.

§ 3-37 Conditions and license fees.

[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.

§ 3-38 Retail liquor license does not authorize beer sale; exception.

[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.

§ 3-39 Wholesale licenses to be issued by the state.

[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.

§ 3-40 Special event alcoholic beverage permit authorized.

[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.

§ 3-41 Special Sunday alcoholic beverage permit.

[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.

§ 3-42 Special private groups alcoholic beverages permit authorized.

[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.

§ 3-43 Parking provisions.

[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.

§ 3-44 Cancellation of specialty license upon cessation of specialty.

[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.

§ 3-45 Consumption in commercial bowling facility.

[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.

§ 3-46 Transfer of license; dropping licenses — Procedure.

[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.

§ 3-47 Temporary charitable or civic event alcoholic beverage permit authorized.

[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.

§ 3-48 through § 3-54. (Reserved)