801:0

City Code: 801:0

Section 801 - Non-Intoxicating Malt Liquor, Regulations and License Procedures

Section 801:00. License Required. It shall be unlawful for any person to sell non-intoxicating malt liquors at wholesale or retail within the corporate limits of this municipality, except when licensed as hereinafter provided. There shall be three (3) types of licenses issued for the sale of non-intoxicating malt liquors, classified and defined as follows:

a. "On-sale" licenses, which shall permit the licensee to sell non-intoxicating malt liquors for consumption on the licensed premises only, and this class of licenses shall be granted only to drug stores, restaurants, hotels, bona fide clubs, and establishments for the sale of non-intoxicating malt beverages, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail.

b. "Off-sale" licenses, which shall permit the licensee to sell non-intoxicating malt liquors in original packages for consumption off the premises only.

c. "Short-term" licenses, which shall not exceed ten (10) days in duration for sale and consumption of non-intoxicating malt liquors on licensed premises only as provided hereinafter in Section 801:55.

Section 801:05. Application. All persons desiring either of the licenses, as hereinbefore described, shall make a written application therefor to the Council and file the same in the office of the Clerk-Treasurer. The application shall set forth the name of the applicant, age and place of residence and the kind of business in which the applicant is engaged, including address of same. It shall also set forth the location including street number and floor of the place at which the applicant proposes to carry on said business. The application shall also state that the applicant is a citizen of the United States and a person of good moral character and repute, and shall be made out on such form, and shall contain such other information as required by the Council. All applicants for on-sale or off-sale non-intoxicating malt liquor license shall, by affidavit, establish that they do, or do not, fall within a volume class which must provide proof of financial responsibility. Short-term license applicants and on-sale applicants with sales of $10,000 or more for the preceding year and off-sale applicants with sales of $20,000 or more for the preceding year shall provide proof of financial responsibility as follows:

a. A certificate that there is in effect an insurance policy or pool providing the following minimum coverages:

(1) $50,000 because of bodily injury to any one (1) person in any one (1) occurrence, and , subject to the limit for one (1) person, in the amount of $100,000 because of bodily injury to two (2) or more persons in any one (1) occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one (1) occurrence.

(2) $50,000 for loss of means of support of any one (1) person in any one (1) occurrence, and, subject to the limit for one (1) person, $100,000 for loss of means of support of two (2) or more persons in any one (1) occurrence; or

Section 801:05, b.

b. A bond of a surety company with minimum coverages as provided in clause a., or

c. A certificate of the State Treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000.

Section 801:10. Fees Established; Council Action; Term. At the time of filing the said application, the applicant shall deposit with the City Clerk-Treasurer the required license fee as duly set by the Council from time to time for an "on-sale" license or for an "off-sale" license or for a "short-term" on-sale license. If received at least one (1) week before, the Clerk-Treasurer shall present same to the Council for its consideration at its next regular meeting, and the Council shall hear all persons interested in the granting of said application and consider the appropriateness of the location applied for in said application. The Council shall have the right to reject any application for license. No reduction in the amount of the license fees shall be made for license issued for only part of a year, except as otherwise provided in Section 510:00. Each license granted and issued under the provisions of this ordinance shall expire on the last day of June following the date of its issuance, provided, however, that "short-term" licenses may be granted for a period of not exceeding ten (10) days in consideration of a license fee as provided in Section 510:00 of this Code.

Section 801:15. Applicant Owner. No "on-sale" license shall be issued to any applicant unless he be the actual owner or proprietor of the place at which he intends to sell such malt liquor.

Section 801:20. Transferability. No license issued hereunder shall be transferable.

Section 801:25. Club Beer Sales. Clubs shall not sell such liquor except to members and guests.

Section 801:30. Sales to Minors Prohibited. It shall be unlawful for any person, or his agents, servants or employees, to sell such non-intoxicating malt liquors to any person under the age of twenty-one (21) years.

Section 801:35. Hours of Sale. No sale of non-intoxicating malt liquor shall be made on any Sunday between the hour of one o'clock a.m. and the hour of twelve o'clock noon, nor after the hour of eight o'clock p.m. on any December 24th. No sale of non-intoxicating malt liquor shall be made between the hours of one o'clock a.m. and eight o'clock a.m. on any weekday, Monday through Saturday, both inclusive.

Section 801:40. Definition. This ordinance shall apply to all non-intoxicating malt liquors, as defined in Minnesota Statutes, as follows:

Non-intoxicating malt liquor is any malt liquor containing not less than one-half (1/2) of one (1) percent alcohol by volume nor more than 3.2 percent alcohol by weight.

Section 801:45

Section 801:45. Revocation. The Council may either suspend, for not to exceed sixty (60) days, or revoke any license upon a finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Section 14.58.

Section 801:50. Drunkenness, Revocation. Drunkenness on the premises shall be considered evidence of illegal sale on such premises, and shall be good reason for revoking the license.

Section 801:55. "Short-Term" Licenses; Certain Restrictions. "Short-term" licenses may be issued to charitable, religious, fraternal, educational or non-profit organizations for a specific location and time under the following restrictions:

a. If the licensed premises is a City park, County park, school ground or other public place, written permission of the governing body having jurisdiction over such premises must be presented to the Council together with the application.

b. Access to the premises so licensed for sale or consumption must be restricted by fence, barrier, wall or other means to restrict ingress and egress and the entrance shall be no greater than four (4) feet in width and the licensee shall have one (1) member or designate at the entrance to verify ages of persons entering the premises.

c. The applicant shall furnish the City of Owatonna with a hold harmless agreement and such security as the Council shall prescribe.

d. A short-term license may be issued to a charitable, religious, fraternal, educational or non-profit organization that is lessee or owner of an outdoor stadium for shows, exhibitions, athletic events, concerts and similar activities, which has a seating capacity of at least two thousand (2,000) people.

Each such applicant shall present to the City Clerk before license is issued, certificate of liquor liability insurance, by a company authorized to write such insurance in Minnesota, in at least the following amounts: $250,000 each person/$500,000 each occurrence.

Non-intoxicating malt liquor sold under this special license shall not be delivered in the original container but shall be poured up into open cups or containers for consumption.

No individual shall be allowed to enter or leave the stadium with unconsumed non-intoxicating malt liquor in possession.

Fee for special short-term license shall be as established by the City Council from time to time.

Section 801:60

Section 801:60. Carrying or Consuming Non-Intoxicating Malt Liquor on Streets and Parking Lots. No person may carry or transport non-intoxicating malt liquor in a glass or other open container on a public sidewalk, street, alley or parking lot in the City, or consume it thereon.

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