811:0

City Code: 811:0

Section 811 - Off-Sale Intoxicating Liquor, License Procedures

Section 811:00. Definitions.

Subd. 1. Unless the context clearly indicates otherwise, the words, combinations of words, terms and phrases, as used in Section 811:00 et seq., shall have the meanings set forth in the subdivisions of this section which follow and Chapter 340A of Minnesota Statutes.

Section 811:05. License Required.

Subd. 1. General Requirement. No person, except a wholesaler or manufacturer to the extent authorized under State License, shall directly or indirectly deal in, sell or keep for "off-sale" in the City any intoxicating liquor without a license to do so as provided in this ordinance.

Section 811:10. Off-Sale Licenses.

Subd. 1. Off-sale licenses shall be issued only to exclusive liquor stores and shall permit "off-sales" of liquor only, except as hereafter provided in Subdivision 2 hereof.

Subd. 2. Samples of wine, liqueurs and cordials, which are in stock and being offered for sale, may be dispensed at no charge to be consumed on the premises during permitted hours of off-sale in a quantity less than 50 milliliters (1.7 oz.) of wine per variety per customer and 25 milliliters (.85 oz.) of liqueur or cordial per variety per customer.

Subd. 3. Number of "Off-Sale" Licenses. The number of licenses authorized is not subject to limitation. The grant or denial of a license privilege to any applicant therefor rests in the sound discretion of the Council.

Section 811:15. Application for License.

Subd. 1. Form. Every application for a license to sell liquor shall state the name of the applicant, his age, representation as to his character, with such references as the Council may request, his citizenship, the type of license applied for, the proposed location, whether the applicant is or will be owner and operator of the business, and such other information as the Council may request from time to time. In addition to containing such information, the application shall be in the form prescribed by the liquor control director and shall be verified and filed with the City Clerk. No person shall make a false statement in an application. A copy of each application shall be forwarded to the Chief of Police and he shall return a report of his objection (if any) to issuance of the license as required.

Subd. 2. Insurance. Each applicant for a license shall provide, with the application, proof of financial responsibility as follows: eff 6/20/00

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

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.

Subd. 3. Approval of Security. The security offered under Subdivision 2 shall be approved by the City Council, and, in the case of applicants for "off-sale" licenses, by the State liquor control director. Surety bonds shall be approved as to form by the City Attorney. Operation of a licensed "off-sale" business without having on file with the City at all times effective security, as required in Subdivision 2, is a cause for revocation of the license.

Section 811:20. License Fees.

Subd. 1. Fees. The annual fee for a liquor license for an "off-sale" license shall be in the amounts duly established from time to time by Minnesota law.

Subd. 2. Payment. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment of the prescribed license fee. All fees shall be paid into the General Fund. If an application for a license is rejected, the Treasurer shall refund the amount paid.

Subd. 3. Term. Each license shall be issued for a period of one (1) year. Every license shall expire on the last day of June.

Subd. 4. Refunds. No refund of any fee shall be made except as authorized by statute.

Subd. 5. Investigation Fee. At the time of initial application for an "off-sale" license or upon application for a transfer of an existing license, the applicant shall pay to the City an investigation fee of an amount to be set by the Council from time to time, which is not refundable in whole or in part. An investigation fee is not required for renewals for the same applicant unless an investigation is deemed necessary by the Council.

Section 811:25. Granting of Licenses.

Subd. 1. Investigation and Issuance. The City Council shall consider all facts set out in the application and the report of the Chief of Police. Opportunity shall be given to any person to be heard for or against the granting of the license. After the consideration and hearing, the Council shall, in its discretion, grant or refuse the application. No "off-sale" license shall become effective until it, together with the security furnished by the applicant, has been approved by the liquor control director.

Subd. 2. Person and Premises Licenses; Transfer. Each license shall be issued only to the applicant and only for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of a majority of the stock of a corporate license is deemed a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license.

Subd. 3. New Premises. Where an applicant has applied for a license for premises whereon a new structure is to be erected, or an existing structure is to be substantially reconstructed, the license may be granted by the Council but issued to the applicant only after applicant furnishes to the Council a certificate of occupancy issued to the applicant by the building official.

Section 811:30. Persons Ineligible for License. No license shall be granted to any person made ineligible for such a license by State law.

Section 811:35. Places Ineligible for License.

Subd. 1. General Prohibition. No license shall be issued for any place of any business ineligible for such a license under State law.

Subd. 2. Delinquent Taxes and Charges. No license shall be granted or renewed for operation on any premises on which Federal, State, County or Municipal taxes, assessments or other financial claims are delinquent and unpaid.

Section 811:40. Conditions of License.

Subd. 1. In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance, State law or regulation.

Subd. 2. Hours of Sale. No "off-sale" shall be made before 8:00 a.m. or after 10:00 p.m. of any day. No "off-sale" shall be made on Thanksgiving Day or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, "off-sales" may be made until 10:00 p.m., except that no "off-sales" shall be made on December 24 after 8:00 p.m.

Subd. 3. Licensee's Responsibility. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and the law equally with the employee.

Subd. 4. Inspections. Every licensee shall allow any peace officer, health officer, building inspector or other properly designated officer or employee of the City to enter, inspect and search the premises of the licensee during business hours without a warrant.

Subd. 5. Federal Stamps. No licensee shall possess a Federal wholesale liquor dealer's special tax stamp or a Federal gambling stamp.

Section 811:45. Restrictions on Purchase and Consumption.

Subd. 1. Liquor in Unlicensed Places. No person shall consume intoxicating liquor in the place of business of any "off-sale" licensee.

Section 811:50. Suspension and Revocation. The Council may either suspend for not to exceed sixty (60) days or revoke any liquor 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.

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