No person shall conduct a silent auction, raffle of other fund-raising
event pursuant to Minn. Stat. § 340A.707 with prizes or
awards of wine, beer or intoxicating liquors without notifying the
City Clerk of the event at least 10 days prior to the occurrence of
the event. The event holder shall provide the City with the following
information: the person or organization holding the event, the day,
time and location of the event, type of fund-raising event (silent
auction, raffle or otherwise), type and amount of wine, beer, intoxicating
liquor to be awarded as prizes, and the charitable purposes to which
the event proceeds will be donated.
The Council may issue the number of licenses authorized by statute
or restrict such number from time to time, as authorized by Minn.
Stat. Ch. 340A, as it may be amended from time to time.
Each license shall be issued for a maximum period of one year.
All licenses, except temporary licenses, shall expire on March 31
of each year. Temporary licenses expire according to their terms.
Consumption and display permits issued by the Commissioner of Public
Safety, and the accompanying City consent to the permit, shall expire
on March 31 of each year.
The following types of licenses are issued under this chapter:
A.
3.2% malt liquor on-sale licenses, which may be issued to drugstores,
golf courses, restaurants, hotels, clubs, bowling centers, and establishments
used exclusively for the sale of 3.2% malt liquor with the incidental
sale of tobacco and soft drinks, and served for consumption on the
premises only.
B.
3.2% malt liquor off-sale licenses, which may be issued to general
food stores and drugstores and permit the sale of 3.2% malt liquor
at retail in the original package for consumption off the premises
only.
C.
Temporary 3.2% malt liquor licenses which may be issued only to a
club, charitable, religious, or nonprofit organization. The temporary
license may authorize the sale of 3.2% malt liquor in any school or
school building. The City may not issue more than three four-day,
four three-day, six two-day or one twelve-day temporary 3.2% malt
liquor licenses (in any combination), not to exceed 12 days in any
one location within a twelve-month period, to any one organization.
[Amended 5-17-2022 by Ord. No. 769]
D.
On-sale intoxicating liquor licenses, which may be issued to the
following establishments as defined by Minn. Stat. § 340A.101,
as it may be amended from time to time, and this chapter: hotels,
restaurants, bowling centers, theaters, clubs, including congressionally
chartered veterans' organizations, and exclusive liquor stores. Club
licenses may be issued only with the approval of the Commissioner
of Public Safety. The Council may in its sound discretion authorize
a retail on-sale licensee to dispense intoxicating liquor off the
licensed premises at a community festival held within the City under
the provisions of Minn. Stat. § 340A.404, Subd. 4(b), as
it may be amended from time to time. The Council may in its sound
discretion authorize a retail on-sale licensee to dispense intoxicating
liquor off the licensed premises at any convention, banquet, conference,
meeting, or social affair conducted on the premises of a sports, convention,
or cultural facility owned by the City, under the provisions of Minn.
Stat. § 340A.404, Subd. 4(a), as it may be amended from
time to time; however, the licensee is prohibited from dispensing
intoxicating liquor to any person attending or participating in an
amateur athletic event being held on the premises.
[Amended 7-20-2021 by Ord. No. 763; 2-15-2022 by Ord. No. 768]
E.
Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in § 76-3 of this chapter, club, bowling center or hotel which has a seating capacity of at least 30 guests, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. Sunday sales licenses may be issued to brew pubs, brewer taprooms or cocktail rooms meeting the definition of a restaurant.
F.
Temporary on-sale intoxicating liquor licenses, with the approval
of the Commissioner of Public Safety, which may be issued only in
connection with a social event sponsored by a club, charitable, religious,
or other nonprofit corporation that has existed for at least three
years; a political committee registered under state law; or a state
university. The City may not issue more than three four-day, four
three-day, six two-day or 12 one-day temporary licenses (in any combination)
not to exceed 12 days total to any one organization or for any location
in the City, within a twelve-month period.
[Amended 7-20-2021 by Ord. No. 763]
G.
On-sale wine licenses, with the approval of the Commissioner of Public Safety, to restaurants that have facilities for seating at least 30 guests at one time and meet the criteria of Minn. Stat. § 340A.404, Subd. 5, as it may be amended from time to time, and which meet the definition of "restaurant" in § 76-3, to licensed bed-and-breakfast facilities which meet the criteria in Minn. Stat. § 340A.4011, Subd. 1, as it may be amended from time to time, and to theaters that meet the criteria of Minn. Stat. § 340A.404, Subd. 1(b), as it may be amended from time to time. The holder of an on-sale wine license who also holds an on-sale 3.2% malt liquor license is authorized to sell malt liquor with a content over 3.2% (strong beer) without an additional license.
[Amended 7-20-2021 by Ord. No. 763]
H.
One-day consumption and display permits with the approval of the
Commissioner of Public Safety to a nonprofit organization in conjunction
with a social activity in the City sponsored by the organization.
I.
Approval of the issuance of a consumption and display permit by the
Commissioner of Public Safety. Consumption and display permits shall
expire on March 31 of each year.
J.
Culinary class limited on-sale licenses, pursuant to Minn. Stat.
§ 340A.4041, may be issued to a business establishment not
otherwise eligible for an on-sale intoxicating liquor license that,
as a part of its business, conducts culinary or cooking classes for
which payment is made by each participant or advance registration
is required. The license authorizes the licensee to furnish to each
participant in each class, at no additional cost to the participant,
up to a maximum of six ounces of wine or 12 ounces of intoxicating
malt liquor, during and as part of the class, for consumption on the
licensed premises only.
K.
On-sale intoxicating liquor license for brew pubs, on-sale 3.2% malt liquor license with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at Minn. Stat. § 340A.24, as it may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per year. If a brew pub licensed under this subsection possesses a brew pub off-sale license as per Subsection L, the brew pub's total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 750 barrels.
[Amended 7-20-2021 by Ord. No. 763]
L.
Brew pub off-sale malt liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to a brewer that meets the criteria established at Minn. Stat. § 340A.24, as it may be amended from time to time. Malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by Minn. Stat. § 340A.285, as it may be amended from time to time. Sales under this license may not exceed 500 barrels per year. If a brewer licensed under Subsection L of this section possesses a license under Subsection K above, the brewer's total retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 750 barrels.
[Amended 7-20-2021 by Ord. No. 763]
M.
Brewer off-sale malt liquor licenses may also be issued, with approval
of the Commissioner, to a holder of a brewer's license under Minn.
Stat. § 340A.301, Subd. 6(c), (i) or (j), and meeting the
criteria established by Minn. Stat. § 340A.28, as may be
amended from time to time. The amount of malt liquor sold at off-sale
may not exceed 750 barrels annually. Malt liquor sold off-sale must
be removed from the premises before the applicable off-sale closing
time at exclusive liquor stores. Packaging of malt liquor for off-sale
under this license must comply with Minn. Stat. § 340A.285.
N.
Brewer temporary on-sale intoxicating liquor licenses may be issued,
with the approval of the Commissioner of Public Safety, to brewers
who manufacture fewer than 3,500 barrels of malt liquor in a year
for the on-sale of intoxicating liquor in connection with a social
event within the municipality sponsored by the brewer.
O.
A brewer taproom license may be issued to the holder of a brewer's
license under Minn. Stat. § 340A.301, Subd. 6(c), (i) or
(j), as it may amended from time to time. A brewer's taproom license
authorizes on-sale of 3.2% or intoxicating malt liquor produced by
the brewer for consumption on the premises of or adjacent to one brewery
location owned by the brewer. A brewer may have only one taproom license
and may not have an ownership interest in a brewer licensed under
Minn. Stat. § 340A.301, Subd. 6(d), as it may be amended
from time to time. A brewer taproom license may not be issued to a
brewer that brews more than 250,000 barrels of malt liquor annually
or a winery that produces more than 250,000 gallons of wine annually.
Within 10 days of issuing a brewer taproom license the City Clerk
will inform the Commissioner of Public Safety of the licensee's name,
address, trade name and the effective date and expiration date of
the license. The City Clerk will inform the Commissioner of Public
Safety of a license transfer, cancellation, suspension, or revocation
during the license period.
P.
A cocktail room license may be issued to the holder of a state microdistillery
license if at least 50% of the annual production of the licensee is
processed and distilled on premises. A microdistillery cocktail room
license authorizes on-sale of distilled liquor produced by the distiller
for consumption on the premises of or adjacent to one distillery location
owned by the distiller. The holder of a microdistillery cocktail room
license may also hold a license to operate a restaurant at the distillery.
No more than one cocktail room license may be issued to any distiller
and a microdistillery cocktail room license may not be issued to any
person having an ownership interest in a distillery licensed under
Minn. Stat. § 340A.301, Subd. 6(a). No single entity may
hold both a microdistillery cocktail room and taproom license and
a microdistillery cocktail room and taproom license may not be co-located.
Within 10 days of the issuance of a microdistillery cocktail room
license, the City shall inform the Commissioner of Public Safety of
the licensee's name and address and trade name, and the effective
date and expiration date of the license. The City shall also inform
the Commissioner of Public Safety of a microdistillery cocktail room
license transfer, cancellation, suspension, or revocation during the
license period.
Q.
A microdistiller off-sale license may be issued to the holder of
a state microdistillery license if at least 50% of the annual production
of the licensee is processed and distilled on premises. A microdistiller
off-sale license authorizes off-sale of one three-hundred-seventy-five-milliliter
bottle per customer per day of product manufactured on site, provided
the product is also available for distribution to wholesalers. The
product must be removed from the premises before the applicable closing
time.
R.
A microdistiller temporary on-sale intoxicating liquor license may
be issued to the holder of a state microdistillery license. A microdistillery
temporary on-sale intoxicating liquor license authorizes on-sale of
intoxicating liquor in connection with a social event within the City
sponsored by the microdistillery.
A.
No license or other fee established by the City shall exceed any
limit established by Minn. Stat. Ch. 340A, as it may be amended from
time to time, for a liquor license.
B.
The Council may establish by ordinance license fees for any of the
liquor licenses it is authorized by this chapter to issue.
[Amended 7-20-2021 by Ord. No. 763]
C.
The fee for all licenses, except temporary licenses, granted after
the commencement of the license year shall be prorated on a quarterly
basis.
D.
All license fees shall be paid in full at the time the application
is filed with the City. If the application is denied, the license
fee shall be returned to the applicant.
E.
A refund of a pro rata share of an annual license fee may occur only
if authorized by Minn. Stat. § 340A.408, Subd. 5, as it
may be amended from time to time.
The Council in its sound discretion may either grant or deny
the application for any license or for the transfer or renewal of
any license. No applicant has a right to a license under this chapter.
A.
Form. Every application for a license issued under this chapter shall
be on a form provided by the City. Every application shall state the
name of the applicant, the applicant's age, representations as to
the applicant's character, with references as the Council may require,
the type of license applied for, the business in connection with which
the proposed license will operate and its location, a description
of the premises, whether the applicant is owner and operator of the
business, how long the applicant has been in that business at that
place, and other information as the Council may require from time
to time. An application for an on-sale intoxicating liquor license
shall be in the form prescribed by the Commissioner of Public Safety
and shall also contain the information required in this section. The
form shall be verified and filed with the City. No person shall make
a false statement in an application.
B.
Financial responsibility. Prior to acceptance of an application or
renewal for a license the applicant must file their proof of financial
responsibility with the City. The applicant shall demonstrate proof
of financial responsibility as defined in Minn. Stat. § 340A.409,
as it may be amended from time to time, with regard to liability under
Minn. Stat. § 340A.801, as it may be amended from time to
time. This proof will be filed with the City and the Commissioner
of Public Safety. Any liability insurance policy filed as proof of
financial responsibility under this section shall conform to Minn.
Stat. § 340A.409, as it may be amended from time to time.
Operation of a business which is required to be licensed by this chapter
without having on file with the City at all times effective proof
of financial responsibility is a cause for revocation of the license.
The application shall specifically describe the compact and
contiguous premises within which liquor may be dispensed and consumed.
The description may not include any parking lot or sidewalk.
At least 90 days before a license issued under this chapter
is to be renewed, an application for renewal shall be filed with the
City. The decision whether or not to renew a license rests within
the sound discretion of the Council. No licensee has a right to have
the license renewed.
No license issued under this chapter may be transferred without
the approval of the Council. Any transfer of stock of a corporate
licensee is deemed to be a transfer of the license, and a transfer
of stock without prior Council approval is a ground for revocation
of the license. An application to transfer a license shall be treated
the same as an application for a new license, and all of the provisions
of this code applying to applications for a license shall apply.
A.
Preliminary background and financial investigation. On an initial
application for a license, on an application for transfer of a license
and, in the sound discretion of the Council that it is in the public
interest to do so, on an application for renewal of a license, the
City shall conduct a preliminary background and financial investigation
of the applicant or it may contract with the Commissioner of Public
Safety for the investigation. The applicant shall pay with the application
an investigation fee which shall be in addition to any license fee.
The results of the preliminary investigation shall be sent to the
Commissioner of Public Safety if the application is for an on-sale
intoxicating liquor license or an on-sale wine license. No license
may be issued, transferred, or renewed if the results of the investigation
show, to the satisfaction of the Council, that issuance, transfer,
or renewal would not be in the public interest.
B.
Comprehensive background and financial investigation. If the results of a preliminary investigation warrant, in the sound discretion of the Council, a comprehensive background and financial investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background and financial investigation to be paid by the applicant shall be as set forth in § 160-2E(2). The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.
[Amended 7-20-2021 by Ord. No. 763]
The Council shall investigate all facts set out in the application
and not investigated in the preliminary or comprehensive background
and financial investigations. For applications for issuance or renewal
of annual on-sale licenses for intoxicating and/or 3.2% malt liquor,
the applicant or their agent must be present at the Council meeting
where their application is on the meeting agenda for consideration.
After due consideration of the application, background check and public
safety report on annual on-sale license renewals, the Council shall
in its sound discretion grant or deny the application. No license
shall become effective until the proof of financial security has been
approved by the Commissioner of Public Safety.
A.
Each license shall be issued only to the applicant for the premises
described in the application.
B.
Not more than one license shall be directly or indirectly issued
within the City to any one person.
C.
No license shall be granted or renewed for operation on any premises
on which taxes, assessments, utility charges, service charges, or
other financial claims of the City are delinquent and unpaid.
D.
No license shall be issued for any place or any business ineligible
for a license under state law.
E.
No license shall be granted within 500 feet of any school or church.
The distance is to be measured from the closest side of the church
to the closest side of the structure on the premises within which
liquor is to be sold.
The failure of a licensee to meet any one of the conditions
of the license specified below shall result in a suspension of the
license until the condition is met.
A.
Within 90 days after employment, every person selling or serving
liquor in an establishment which has an on-sale license shall receive
training regarding the selling or serving of liquor to customers.
The training shall be provided by an organization approved by the
Council. Proof of training shall be provided by the licensee.
B.
Every licensee is responsible for the conduct of the place of business
and the conditions of sobriety and order in it. The act of any employee
on the licensed premises is deemed the act of the licensee as well,
and the licensee shall be liable to all penalties provided by this
chapter and the law equally with the employee.
C.
Every licensee shall allow any peace officer, health officer, City
employee, or any other person designated by the Council to conduct
compliance checks and to otherwise enter, inspect, and search the
premises of the licensee during business hours and after business
hours during the time when customers remain on the premises without
a warrant.
D.
No on-sale establishment shall display liquor to the public during
hours when the sale of liquor is prohibited.
E.
Compliance with financial responsibility requirements of state law
and of this chapter is a continuing condition of any license.
A.
3.2% malt liquor. No sale of 3.2% malt liquor shall be made between
1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday or
between 1:00 a.m. and 12:00 noon on Sunday.
B.
Intoxicating liquor, on-sale. Except as provided in Subsection C of this section, no sale of intoxicating liquor for consumption on the licensed premises may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, or after 8:00 p.m. on December 24, or after 1:00 a.m. on Sundays. These hours are applicable to all holders of on-sale licenses, including brew pubs, brewers taprooms and microdistiller's cocktail rooms.
C.
Intoxicating liquor, Sunday sales, on-sale. Sales of intoxicating
liquor for consumption on a premises issued a Sunday on-sale license
shall be permitted between the hours of 8:00 a.m. on Sundays and 1:00
a.m. on Mondays. These hours are applicable to all holders of Sundays
on-sale licenses.
D.
Intoxicating liquor, off-sale. No sale of intoxicating liquor may
be made by exclusive liquor stores on Sundays, except between the
hours of 11:00 a.m. and 6:00 p.m., before 8:00 a.m. or after 10:00
p.m. on Monday through Saturday, on Thanksgiving Day, on Christmas
Day (December 25) or after 8:00 p.m. on Christmas Eve (December 24).
The Council may further limit the hours of sale of alcoholic beverages.
These hours are applicable to all holders of off-sale licenses, including
brew pubs, brewers and microdistillers.
E.
Display of liquor. No licensee shall display liquor to the public
during hours when the sale of liquor is prohibited.
A.
It is unlawful for any person other than the on-sale licensee or
a bona fide employee actually engaged in the performance of their
duties to be on the premises licensed under this chapter more than
30 minutes after the legal time for making licensed sales; provided,
however, that this section shall not apply to licensees, employees
of the licensee, and patrons on the licensed premises for the sole
purpose of preparing, serving, or consuming food or beverages other
than alcoholic beverages.
B.
No person shall consume nor shall any on-sale licensee permit any
consumption of intoxicating liquor or 3.2% malt liquor in an on-sale
licensed premises more than 20 minutes after the time when a sale
can legally occur.
C.
No on-sale licensee shall permit any glass, bottle, or other container
containing intoxicating liquor or 3.2% malt liquor to remain upon
any table, bar, stool, or other place where customers are served,
more than 20 minutes after the time when a sale can legally occur.
D.
Any violation of any condition of this section may be grounds for
revocation or suspension of the license.
A.
The City Council finds that it is in the best interests of the public
health, safety, and general welfare of the people of the City that
nudity is prohibited as provided in this section on the premises of
any establishment licensed under this chapter. This is to protect
and assist the owners, operators, and employees of the establishment,
as well as patrons and the public in general, from harm stemming from
the physical immediacy and combination of alcohol, nudity, and sex.
The Council especially intends to prevent any subliminal endorsement
of sexual harassment or activities likely to lead to the possibility
of various criminal conduct, including prostitution, sexual assault,
and disorderly conduct. The Council also finds that the prohibition
of nudity on the premises of any establishment licensed under this
chapter, as set forth in this section, reflects the prevailing community
standards of the City.
B.
It is unlawful for any licensee to permit or allow any person or
persons on the licensed premises when the person does not have his
or her buttocks, anus, breasts, and genitals covered with a nontransparent
material. It is unlawful for any person to be on the licensed premises
when the person does not have his or her buttocks, anus, breasts,
and genitals covered with a nontransparent material.
C.
A violation of this section is a misdemeanor punishable as provided
by law, and is justification for revocation or suspension of any liquor,
wine, or 3.2% malt liquor license or any other license issued under
this chapter or the imposition of a civil penalty under the provisions
of this chapter.
A.
No person under the age of 18 years shall be employed in any rooms
constituting the place in which intoxicating liquors or 3.2% malt
liquor are sold at retail on sale, except that persons under the age
of 18 may be employed as musicians or to perform the duties of a bus
person, host or dishwashing services in places defined as a restaurant,
hotel, motel or other multipurpose building serving food in rooms
in which intoxicating liquors or 3.2% malt liquor are sold at retail
on sale.
B.
No person under the age of 21 years may enter a licensed establishment
except to work, consume meals on premises that qualify as a restaurant,
or attend social functions that are held in a portion of the premises
where liquor is not sold.
A.
No person shall mix or prepare liquor for consumption in any public
place of business unless it has a license to sell on-sale, or a permit
from the Commissioner of Public Safety under the provisions of Minn.
Stat. § 340A.414, as it may be amended from time to time,
which has been approved by the Council, and no person shall consume
liquor in any such place.
B.
No person under the legal drinking age shall consume or possess with
the intent to consume or receive delivery of intoxicating or 3.2%
malt liquor except in the household of the minor's parent or guardian,
and then only with the consent of such parent or guardian.
C.
No person under the legal drinking age shall possess any intoxicating
or 3.2% malt liquor. Possession of an alcoholic beverage by a person
under the legal drinking age at a place other than the household of
a parent or guardian is prima facie evidence of intent to consume
it at a place other than the household of the person's parent or guardian.
A.
The Council shall either suspend for a period not to exceed 60 days
or revoke any liquor license upon finding that the licensee has failed
to comply with any applicable statute, regulation, or provision of
this chapter relating to liquor. Except in cases of lapse of proof
of financial responsibility, no suspension or revocation shall take
effect until the licensee has been afforded an opportunity for a hearing
pursuant to the Administrative Procedures Act, Minn. Stat. §§ 14.57
to 14.69, as it may be amended from time to time. The Council may
act as the hearing body under that Act, or it may contract with the
Office of Administrative Hearings for a hearing officer.
[Amended 7-20-2021 by Ord. No. 763]
B.
The following are the minimum periods of suspension or revocation
which shall be imposed by the Council for violations of the provisions
of this chapter or Minn. Stat. Ch. 340A, as it may be amended from
time to time, or any rules promulgated under that chapter as they
may be amended from time to time:
(1)
For commission of a felony related to the licensed activity, sale
of alcoholic beverages while the license is under suspension, or sale
of intoxicating liquor where the only license is for 3.2% malt liquor,
the license shall be revoked.
[Amended 7-20-2021 by Ord. No. 763]
(2)
The license shall be suspended by the Council after a finding under Subsection A that the licensee has failed to comply with any applicable statute, rule, or provision of this chapter for at least the minimum periods as follows:
(a)
For the first violation within any three-year period, at least
one-day suspension in addition to any criminal or civil penalties
which may be imposed.
(b)
For a second violation within any three-year period, at least
three consecutive days' suspension in addition to any criminal or
civil penalties which may be imposed.
(c)
For the third violation within any three-year period, at least
seven consecutive days' suspension in addition to any criminal or
civil penalties which may be imposed.
(d)
For a fourth violation within any three-year period, the license
shall be revoked.
(3)
The Council shall select the day or days during which the license
will be suspended.
C.
Lapse of required proof of financial responsibility shall effect
an immediate suspension of any license issued pursuant to this chapter
or state law without further action of the Council. Notice of cancellation
or lapse of a current liquor liability policy shall also constitute
notice to the licensee of the impending suspension of the license.
The holder of a license who has received notice of lapse of required
insurance or of suspension or revocation of a license may request
a hearing thereon and, if a request is made in writing to the Clerk,
a hearing before the Council shall be granted within 10 days. Any
suspension under this subsection shall continue until the Council
determines that the financial responsibility requirements of state
law and this chapter have again been met.
[Amended 7-20-2021 by Ord. No. 763]
