HomeMy WebLinkAbout9.a. Liquor Code Amendment
EXECUTIVE SUMMARY
City Council Work Session: July 7th, 2015
AGENDA ITEM: Liquor Code Update AGENDA SECTION:
New Business
PREPARED BY: Clarissa Hadler, City Clerk AGENDA NO. 9.a.
ATTACHMENTS: Draft Ordinance, Resolution for Summary
Publication, Draft Code with Markups,
Fee Resolution
APPROVED BY: ddj
RECOMMENDED ACTION:
Motion to adopt Ordinance 2015-06 an Ordinance Repealing the Rosemount City Code
Title 3, Chapter 1, Liquor Regulations and Providing a New Title 3, Chapter 1; and
Motion to Approve a Resolution Approving Summary Publication of Ordinance No. 2015-
06; and
Motion to Approve a Resolution Amending the 2015 Schedule of Rates and Fees.
ISSUE
Staff has completed a thorough review of the Liquor Code, which was last amended in 2009. This review
of the liquor code was completed to bring it in line with state statute, allow for easier implementation of
the code, fix inconsistencies in the code, and add new licenses to allow for retail sales at breweries and
micro-distilleries as permitted in Minnesota state statute.
SUMMARY
In general, the majority of suggested changes to the liquor code are to bring it in-line with Minnesota
statute. Some changes are suggested to create consistency in the code.
There are a number of new licenses available to allow for brew pubs, taprooms, and cocktail rooms, which
are the retail business of alcoholic beverage production facilities. In addition to these changes to the
Liquor Code, Council recently passed amendments to the Zoning Code to allow for these businesses in
appropriate Zoning Districts. Currently, the City has no applications for these types of brewery
businesses; these measures are proactive to ease the approval process for future businesses. The changes
will allow the City to market the community to aid in attracting brewery businesses.
The following list summarizes significant changes to the liquor code.
3-1-3-1-B : Alcohol Content in Wine – Wine License – City Code currently allows for just 14%
alcohol by volume. State allows for up to 24% alcohol by volume. Staff recommends
changing to 24% to bring code in-line with statute.
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3-1-3-1-B : Food Requirement for Wine/Beer license – City Code currently requires 60%. Staff
recommends changing to 51% to be consistent with the rest of City Code food
requirements.
3-1-3-1-F : Added golf courses to 3.2% malt Liquor license. City Code currently allows for 3.2
licenses to be granted only to clubs, restaurants, and hotels where food is prepared. We’ve
expanded this to include golf courses. Rich Valley Golf Club has held a 3.2% malt liquor
license since 2005.
3-1-3-1-H : Added On-Sale Brewer Taproom License.
3-1-3-1-I : Added Off-Sale Small Brewer License.
3-1-3-1-J : Added Brew Pub Off-Sale Intoxicating License.
3-1-3-1-K : Added Microdistillery Cocktail Room License.
3-1-3-1-O : Added Temporary Brewer On-Sale License.
3-1-3-1-P : Added One-day Consumption and Display Permit. This would allow non-profit
organizations to allow for consumption and display (“BYOB”) at a social event. This item
has been on the Fee Schedule for a number of years, but not enabled by legislation.
3-1-4-1 : Contents of Initial Applications. Staff reviewed the information that was actually utilized
and necessary for the purpose of licensing with Chief of Police Scott and the City Attorney
Tietjen and removed that information that was deemed unnecessary or excessive.
3-1-4-4 : Amendment Applications. Language clarifies earlier code. New language allows that an
amendment be filed only with changes of ownership that result in any individual acquiring
an interest of greater than 10% of the corporation. This is consistent with state statute
requirements for notification.
3-1-5 : License Fees: There were discrepancies between the code and the fee resolution, so the
code was changed to reference the fee resolution where possible. The code stated an
investigation fee of $350, while the fee resolution stated $1,500. Staff recommends
changing the in-state investigation fee to the state-allowed maximum of $500.
Removed: Corporations, Partnerships or Associations: This section created redundancies with the
Amendment section. Information was moved to other sections of the code.
License Fees
State statute does not currently restrict what may be charged for Brewer Taproom, Brew Pubs and
Cocktail room licenses. The majority of cities that staff researched have them priced from $500 - $1000.
Staff recommends a fee of $750, which makes it competitive in the market and is comparable to the city’s
current fee for a Wine / Strong Beer License. For the off-sale growlers, most cities have priced it at $200,
which is comparable to many off-sale intoxicating licenses. Staff recommends an off-sale brewer fee of
$200, which is the same as the City’s current off-sale intoxicating license.
These proposed fees are shown in the attached Resolution to Amend the 2015 Fee Resolution. Additional
changes to the Fee Resolution include the above-mentioned Investigation Fee and clarifying the name of
the Consumption & Display permit.
CONCLUSION
Staff is recommends approval of the above motions.
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CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2015 - 06
AN ORDINANCE REPEALING THE ROSEMOUNT CITY CODE
TITLE 3, CHAPTER 1, LIQUOR REGULATIONS AND PROVIDING A NEW
TITLE 3, CHAPTER 1
The City Council of the City of Rosemount, Minnesota, ordains that the
Rosemount City Code is amended as follows:
Section 1. Title 3, Chapter 1, of the Rosemount City Code is repealed in its entirety.
Section 2. The Rosemount City Code is amended by adding a new Title 3, Chapter 1 – Liquor
Regulations – as follows:
Chapter 1
LIQUOR REGULATIONS
3-1-1: PROVISIONS OF STATE LAW ADOPTED:
3-1-2: DEFINITIONS
3-1-3: LICENSES REQUIRED:
3-1-3-1: LICENSE TYPES
3-1-3-2: APPORTIONMENT OF LICENSES
3-1-4: LICENSE APPLICATIONS:
3-1-4-1: CONTENTS OF INITIAL APPLICATIONS:
3-1-4-2: EXECUTION OF APPLICATION:
3-1-4-3: RENEWAL APPLICATIONS:
3-1-4-4: AMENDMENT APPLICATION:
3-1-5: LICENSE FEES:
3-1-6: GRANTING OF LICENSES:
3-1-7: PERSONS INELIGIBLE FOR LICENSE:
3-1-8: PLACES INELIGIBLE FOR LICENSE:
3-1-9: CONDITIONS OF LICENSE:
3-1-10: RESTRICTIONS INVOLVING MINORS:
3-1-11: LIABILITY INSURANCE:
3-1-12: TEMPORARY LICENSES:
3-1-13: ONSALE LICENSE ON PUBLIC PREMISES:
3-1-14: OUTDOOR PATIOS AND DECKS:
3-1-15: REVOCATION OR SUSPENSION OF LICENSE:
3-1-16: CONSUMPTION IN PUBLIC PLACES
3-1-1 : PROVISIONS OF STATE LAW ADOPTED:
Except to the extent the provisions of this chapter are more restrictive, the provisions of Minnesota
statutes, chapter 340A, as amended from time to time, relating to the definition of terms, licensing,
consumption, sales, hours of sale, and all other matters pertaining to the retail sale, distribution and
consumption of intoxicating liquor and 3.2 percent malt liquor are adopted and made a part of this chapter
as if set out in full.
3-1-2 : DEFINITIONS
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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
ALCOHOLIC BEVERAGE. Any beverage containing more than .5% alcohol by volume.
APPLICANT means any person making an application for a license under this chapter.
BREWERY, SMALL: A facility that produces not more than twenty thousand (20,000) barrels of malt
liquor in a calendar year as regulated by Minnesota Statutes, as may be amended.
BREWPUB: A restaurant with a micro-brewery use operated on the same premises as the restaurant.
CLUB As defined in M.S. Chapter 340A, as amended.
COCKTAIL ROOM: An area within a micro-distillery, or a premise adjacent to the micro-distillery and
under the same ownership as the micro-distillery, that provides the on-sale of the distilled liquor produced
by the micro-distillery.
COMMISSIONER means the state commissioner of public safety.
DISTILLERY, MICRO: A facility that produces not more than forty thousand (40,000) proof gallons of
distilled spirits in a calendar year as regulated by Minnesota Statutes, as may be amended.
HOTEL. An establishment where, in consideration of payment therefor, food and lodging are regularly
furnished to transients and which has a resident proprietor or manager; a dining room serving the general
public at tables and having facilities for seating at least 30 guests at one time; and at least 25 guest rooms.
INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages
containing more than 3.2% of alcohol by weight.
LICENSE means a document, issued by the city, permitting an applicant to carry on and transact the
business stated therein.
LICENSEE means an applicant who, pursuant to the approved application, holds a valid, current,
unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying
on the business stated therein.
PREMISES means the licenses premises as described in the issued license. In the case of a restaurant or a
club licensed for on-sales of alcoholic beverages and located on a golf course, "licensed premises" means
the entire golf course except for areas where motor vehicles are regularly parked or operated.
MALT LIQUOR means any beer, ale, or other beverage made from malt by fermentation and containing
not less than one-half of one percent alcohol by volume.
OFF-SALE means the sale of alcoholic beverages in original packages for consumption off the licensed
premises only.
OPERATING OFFICER, MANAGER or AGENT. A natural person, who is a resident of the state of
Minnesota, appointed in writing to take full responsibility for the conduct of the licensed premises and
serve as agent for service of notices and other process relating to the license.
SALE, SELL and SOLD. Include all barters and all manners or means of furnishing intoxicating and
3.2% malt liquors or wine in violation or evasion of law and also include the usual meaning of the terms.
TAPROOM: An area within a micro-brewery, small brewery or brewery; or a premise adjacent to the
micro-brewery, small brewery or brewery and under the same ownership as the micro-brewery, small
brewery or brewery; that provides the on-sale of the malt liquor produced by the microbrewery,small
brewery or brewery.
THREE AND TWO-TENTHS PERCENT (3.2%) MALT LIQUOR. Malt liquor containing not less than
0.5% alcohol by volume nor more than 3.2% alcohol by weight.
TOTAL REVENUES. All revenues from the sale of food, alcoholic beverages and nonalcoholic
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beverages for consumption on the premises during the hours when the sale of alcoholic beverages is
allowed.
WINE. A beverage made by normal alcoholic fermentation of grapes, grape juice, other fruits or honey
or a beverage made from other agricultural products, imitation wine, compounds sold as wine, vermouth,
cider, perry, and sake, containing not less than 0.5% nor more than 24% alcohol by volume for
nonindustrial use.
3-1-3 : LICENSES REQUIRED:
General Requirement: No person, except as provided in Minnesota statutes, section 340A.301, and
section 340A.510, regarding samples at off-sale establishments, and manufacturers and wholesalers to the
extent authorized by law, shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating
liquor, 3.2 percent malt liquor or wine without first having received a license to do so as provided in this
chapter; nor shall any private club or public place, directly or indirectly, or upon any pretense or by any
device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of
mixing with intoxicating liquor without first obtaining a license from the city as provided in this chapter.
3-1-3-1 : LICENSE TYPES:
A. On-Sale Intoxicating Liquor Licenses: On-sale licenses shall be issued only to hotels, restaurants
and exclusive liquor stores and shall permit on-sale of liquor or wine. On-sale Intoxicating Liquor
licenses shall be of two (2) classes.
1. Class B licenses may be issued only to the following;
a. Restaurants where fifty one percent (51%) or more of total revenues are derived from
the sale of food and nonalcoholic beverages for consumption on the premises during
hours when the sale of alcoholic beverages is allowed.
b. Restaurants operated in conjunction with a bowling center, movie theater, or live
theater, where twenty five percent (25%) or more of total revenues are derived from the
sale of food and nonalcoholic beverages for consumption on the premises during hours
when the sale of alcoholic beverages is allowed.
c. hotels as defined in MS 340A.101 Subd. 13.
2. Class A licenses may be issued to hotels, restaurants and exclusive liquor stores and are
unrestricted as to the percentage of revenues derived from the sale of food and nonalcoholic
beverages.
B. On-Sale Wine Licenses: On-sale wine licenses shall be issued only to restaurants meeting the
qualifications of Minnesota statutes, section 340A.404, subdivision 5, and whose total revenues
are at least fifty-one percent (51%) attributable to the sale of food and shall permit only the sale
of wine not exceeding twenty-four percent (24%) alcohol by volume, for consumption on the
licensed premises only, in conjunction with the sale of food. A holder of an on-sale wine license
who is also licensed to sell 3.2 percent malt liquors at on-sale may sell intoxicating malt liquor at
on-sale without an additional license.
C. Club On-Sale Intoxicating Licenses: Club on-sale intoxicating liquor licenses shall be issued only
to clubs or congressionally chartered veterans organizations which meet the qualifications of
Minnesota statutes, section 340A.404, subdivision 1.
D. Special License For Sunday Sales: A special license authorizing sales on Sunday in conjunction
with the serving of food may be issued to any hotel, restaurant or club which has facilities for
serving at least thirty (30) guests at one time, and which has an on-sale license.
E. Off-Sale Intoxicating Liquor Licenses: Off-sale intoxicating liquor licenses shall permit the sale
of alcoholic beverages in original packages for consumption off the premises only.
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F. On-Sale 3.2 Percent Malt Liquor Licenses: On-sale 3.2 percent malt liquor licenses may be
granted only to clubs, restaurants and hotels where food is prepared and served for consumption
on the premises, and golf courses. On-sale 3.2 percent malt liquor licenses shall permit the sale
for consumption on the premises only.
G. Off-Sale 3.2 Percent Malt Liquor Licenses: Off-sale 3.2 percent malt liquor licenses shall permit
the sale of 3.2 percent malt liquor at retail in the original package for consumption off the
premises only.
H. On-Sale Brewer Taproom License: A brewer taproom license may be issued to a brewer for on-
sale consumption of the malt liquor manufactured at the adjoining brewery pursuant to the
requirements of Minnesota Statute 340A, but only to the extent permitted by City Code and
Zoning Ordinance. Council may authorize a taproom to conduct on-sale business on Sundays
with no additional license needed.
I. Off-Sale Small Brewer License: An off-sale small brewer license may be issued to a brewer who
has a license from the Commissioner in accordance with the requirements of Minnesota Statute
340A. Council may authorize a Small Brewer to conduct sales of growlers only at off-sale on
Sundays with no additional license needed.
J. Brew Pub Off-Sale Intoxicating Liquor License: An off-sale brew pub license may be issued to a
restaurant who has a license from the Commissioner in accordance with the requirements of
Minnesota Statute 340A. Council may authorize a Brew Pub to conduct sales of growlers only at
off-sale on Sundays with no additional license needed.
K. Microdistillery Cocktail Room License: A microdistillery cocktail room license may be issued to
a holder of a microdistillery license from the Commissioner in accordance with the requirements
of Minnesota Statute 340A.
L. Public Premises License: On-sale intoxicating liquor licenses for events taking place at a sports,
convention or cultural facility owned by the city may be granted as authorized by section 3-1-13
of this chapter.
M. Temporary On-Sale 3.2 Percent Malt Liquor License: Temporary 3.2 percent malt liquor licenses
may be granted to a club or charitable, religious, or nonprofit organization as authorized by
section 3-1-12 of this chapter.
N. Temporary On-Sale Intoxicating Liquor License: Temporary on-sale intoxicating liquor licenses
may be granted as authorized by section 3-1-12 of this chapter.
O. Temporary Brewer On-Sale License: Temporary on-sale intoxicating liquor licenses may be
granted as authorized by section 3-1-12 of this chapter.
P. One-day Consumption and Display Permit: A one-day permit for the consumption and display of
intoxicating liquor may be granted as authorized by section 3-1-12 of this chapter.
Q. Consumption and Display Permits: Consumption and display permits may be approved by
Council for issuance by the Commissioner in accordance with the provisions of Minnesota
statutes, section 340A.414, for the consumption or display of intoxicating liquor or the serving of
any liquid for the purpose of mixing with intoxicating liquor.
3-1-3-2 : APPORTIONMENT OF INTOXICATING LIQUOR LICENSES:
A. Class B intoxicating liquor licenses will be issued within the total liquor license limits established
in Minnesota statutes, section 340A.413, as amended.
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B. Two (2) Class A intoxicating liquor licenses may be issued within the city of Rosemount.
C. There shall be no limit on the number of off-sale intoxicating liquor licenses.
3-1-4 : LICENSE APPLICATIONS:
3-1-4-1 : CONTENTS OF INITIAL APPLICATIONS:
A. General: In addition to the information which may be required by the forms of the
Commissioner, the application for any type of license to be issued under this chapter shall contain
information required by this section.
B. Nature Of Application: The application shall show whether the applicant is a natural person,
corporation, partnership or other firm or organization.
1. Natural Person: If the applicant is a natural person, the following information shall be
required:
a. True name, place and date of birth, and street residence address of the applicant.
b. Whether the applicant has ever used or been known by a name other than his or
her true name and, if so, what was such name or names, and information
concerning dates and places where used.
c. The name of the business if it is to be conducted under a designation, name or
style other than the full individual name of the applicant; in such case a copy of
the certification, as required by Minnesota statutes, chapter 333, certified by the
secretary of state, shall be attached to the application.
d. Street addresses at which the applicant has lived during the preceding ten (10)
years.
e. Kind, name and location of every business or occupation the applicant has been
engaged in during the preceding ten (10) years.
f. Names and addresses of the applicant's employers and partners, if any, for the
preceding ten (10) years.
g. Whether the applicant or his spouse, has ever been convicted of any crime or
violation of any City ordinance, other than traffic. If so, the applicant shall
furnish information as to the time, place and offense for which convictions were
had.
2. Partnership: If the applicant is a partnership, the following information shall be required:
a. The names and addresses of all partners and all information concerning each partner as is
required of an individual applicant in subsection B1 of this Section. A managing partner
or partners shall be designated. The interest of each partner in the business shall be
disclosed.
b. A true copy of the partnership agreement.
c. If the partnership is required to file a certificate as to a trade name under the provisions of
Minnesota Statutes, chapter 333, a true copy of such certificate certified by the Secretary
of State shall be attached to the application.
3. Corporation: If the applicant is a corporation or other association, the following information
shall be required:
a. Name and, if incorporated, the state of incorporation.
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b. A true copy of the certificate of incorporation, articles of incorporation or association
agreement and bylaws and, if a foreign corporation, a certificate of authority, as described
in Minnesota statutes.
c. The name of the manager or proprietor or other agent in charge of the premises to be
licensed, giving all the information about said person as is required of a single applicant
in subsection B1 of this Section.
d. A list of all persons who, singly or together with their spouses, or a parent, brother, sister
or child of either of them, own or control an interest in said corporation or association in
excess of ten percent (10%) or who are officers or directors of said corporation or
association, together with all information as is required of an individual applicant in
subsection B1 of this Section.
4. Club: If an application is submitted by a club, the following information shall be submitted in
addition to that required by the Commissioner of Public Safety:
a. The name of the club and the purpose for which the club was originally organized and for
which it is now existing.
b. The date and location that the club was first incorporated, and, where appropriate, the
date that the establishment serving the club was incorporated or otherwise established.
True copies of the Articles of Incorporation, By-Laws, or other similar governing
documents shall be submitted with the application.
c. The number of members.
d. The name of the manager, proprietor or other person who shall be in charge of the
licensed premises together with all information concerning such person as is required of
an individual applicant in subsection B1 of this Section.
e. A sworn statement by a responsible individual having personal knowledge of the facts
shall be submitted with the application verifying that the club meets all the requirements
of Minnesota Statutes, sections 340A.404 and 340A.101, subdivision 7. In the event that
no person can make such a statement, satisfactory documentary proof may be submitted
in support of such facts.
C. Type: The application shall state the type of license the applicant seeks.
D. Description Of Premises:
1. Legal Description: The exact legal description of the premises to be licensed together with a
plot plan of the area showing dimensions, location of buildings, street access, parking facilities
and the locations of and distances to the nearest church buildings and school grounds.
2. Street Address: The street address where the sale of alcoholic beverages is to be conducted.
3. Plans Of Premises: A set of plans showing the design of the proposed compact and contiguous
premises within which alcoholic beverages may be dispensed and consumed. The plan shall
show room dimensions and shall indicate the number of persons intended to be served in each of
said rooms.
E. Financial And Interest Criteria:
1. Financial Interest: The names and addresses of all persons, other than the applicant, who have
any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the
nature of such interest, amount thereof, terms for payment or other reimbursement. This shall
include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lienholders,
trustees, trustors and persons who have cosigned notes or have otherwise loaned, pledged or
extended security for any indebtedness of the applicant.
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2. Amount Of Investment: The amount of investment that the applicant has in the business,
building, premises, fixtures and structures, exclusive of land, on the premises proposed to be
licensed.
F. References: The names, and addresses of three (3) persons, residents of the state, of good moral
character, not related to the applicant or financially interested in the premises or business, who may be
referred to as to the applicant's character or, in the case where information is required of a manager, the
manager's character.
G. Taxes: Whether or not all real estate taxes, assessments, or other financial claim of the city, state
or federal government for the business and premises to be licensed have been paid, and if not paid, the
years for which delinquent.
H. Description Of Proposed Business: A detailed narrative description of the proposed business for
which the license is sought including, but not limited to: type of clientele, type of entertainment (if any),
type of food menu (if any), and fixtures.
I. Other Information Required: Such other information as the city council shall require.
3-1-4-2 : EXECUTION OF APPLICATION:
If the application is by a natural person, it shall be signed and sworn to by such person; if by a
corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated
association, by the operating officer or managing officer thereof. If the applicant is a partnership, the
application, license and bond or insurance policy shall be made and issued in the name of all partners. It
shall be unlawful to make any false statement in an application. Applications shall be filed with the city
clerk.
3-1-4-3 : RENEWAL APPLICATIONS:
Time Of Making Application: Applications for the renewal of an existing license shall be made at least
sixty (60) days prior to the date of the expiration of the license, and shall state that everything in the prior
applications remains true and correct except as otherwise indicated. The city will mail application forms
to existing licensees approximately ninety (90) days prior to expiration of the licenses. If, in the judgment
of the council, good and sufficient cause is shown by any applicant for his failure to file for a renewal
within the time period provided, the council may, if the other provisions of this chapter are complied with,
grant the application.
3-1-4-4 : AMENDMENT APPLICATION:
A. Purpose Of An Amendment: A licensee may request an amendment to the license during the
calendar year term of the license for any of the following purposes:
1. Change in ownership of ten percent (10%) or more of the stock of the corporation or
change in ownership which results in any party acquiring an interest which, together with that of
a spouse, parent, brother, sister or child, exceeds ten percent (10%).
2. Change in the Operating Office, Manager, or Agent of establishment
3. Request to modify a condition(s) within the license.
4. Request to expand the permitted license area.
B. Material Required: The following application material shall be provided as part of the amendment
application:
1. Change in ownership of establishment: An amendment application shall be submitted
with any changes to the original application. In addition, applicant shall submit all
information as is required of an individual single applicant in Section 3-1-4-1, subsection
B1, for each party who acquires an interest which, together with that of a spouse, parent,
brother, sister or child, exceeds 10 percent (10%).
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2. Change in Corporate Officers, Operating Officer, Manager or Agent of establishment:
An amendment application shall be submitted with all information as is required of an
individual single applicant in subsection B1 of this Section.
3. Request to modify a condition(s) within the license: The licensee shall provide in writing
the condition that is requested to be modified, the modification that is requested, and the
factors that the city council should consider when determining the modification.
4. Request to expand the licensed premises: The licensee shall provide in writing the plans
for the expansion including the necessary building permit application, landscaping plans
and all plans as requested by staff. A revised certificate of liability insurance must also be
submitted showing liquor liability coverage for the expanded area.
C. Amendment applications shall be submitted on or before thirty (30) days prior to the effective
dates of any changes.
3-1-5 : LICENSE FEES:
A. Fees: The fees for licenses, amendments and permits shall be as established from time to time by
resolution of the city council subject to limitations set by MS 340A and City Code.
B. Payment Of Fees: The license fee for a new license shall be paid in full before the application for
the license is accepted, and at least ten (10) days before the public hearing on the application. All fees
shall be paid into the general fund of the city. Upon rejection of any application for a license or upon
withdrawal of an application before approval of the issuance by the council, the license fee shall be
refunded to the applicant.
C. Term, Pro Rata Fee: Each license shall be issued for a period of one year except that if the
application is made during the license year, a license may be issued for the remainder of the year for a pro
rata fee, with any unexpired fraction of a month being counted as one month. Every license shall expire as
provided in subsection 3-1-6 of this chapter.
D. Refunds: No refund of any fee shall be made except as authorized by Minnesota statutes, section
340A.408.
F. Investigation Fees: Investigation fees for other than temporary licenses shall be as follows:
1. For initial license investigations conducted within the state of Minnesota, the
investigation fee shall be five hundred dollars ($500.00) or the maximum set by MS 340A.412.
2. For initial license investigations conducted outside of the state of Minnesota, the
investigation fee shall be the actual cost of the investigation, but not to exceed ten thousand
dollars ($10,000.00). At the time of the original application for a license, the applicant shall
deposit one thousand five hundred dollars ($1,500.00) with the city for the investigation fee. Any
fees due in excess of the one thousand five hundred dollar deposit must be paid prior to the
license hearing and before the city council considers the application. Any deposit amount in
excess of the actual cost of in the investigation shall be returned to the applicant.
3. At any time an additional investigation is required due to one or more of the following,
the city may charge an additional investigation fee up to five hundred dollars ($500.00) or the
maximum set by MS 340A.412.;
(a) a change in the ownership of any licensee or control of a corporate license within the
meaning of subsection 3-1-4 of this chapter,
(b) a change in the operating officer, proprietor, manager, or other agent in charge of the
licensed premises.
(c) an enlargement or substantial alteration of the premises already licensed which, in the
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city's opinion, changes the character of the establishment,
(d) Change Of Ownership, Exception: Where a new application is filed as a result of
incorporation by an existing licensee and the ownership control and interest in the license
are unchanged, no additional investigation fee will be required.
4. If requested, the city will furnish the applicant verification of all costs in excess of two
thousand five hundred dollars ($2,500.00).
5. Investigation fees for temporary license shall be established from time to time by
resolution of the city council.
3-1-6 : GRANTING OF LICENSES:
A. Investigation: At the time of making application, the applicant shall, in writing, authorize the
police department to investigate all facts set out in the application and do a personal background and a
criminal record check on the applicant. The applicant shall further authorize the police department to
release information received from such investigation to the city council. Should the city council deny the
applicant the request for a license, due partially or solely to the applicant's prior conviction of a crime, the
city council shall notify the applicant in writing of the following information:
1. The grounds and reasons for the denial;
2. The applicable complaint and grievance procedure as set forth in Minnesota Statute,
section 364.06;
3. The earliest date the applicant may reapply for a license; and
4. That all competent evidence of rehabilitation will be considered upon reapplication.
B. Hearing Requirements:
1. Public Hearing Required: A Public Hearing shall be required for any new application or
amendment application for the purpose of permanently expanding the licensed premises.
2. Hearing On Renewal Applications and Amendment Applications Other than Expansion of
Licensed Premises: The Council may choose to hold a public hearing prior to amendment or
renewal of any license where opportunity may be given to any person to be heard for or against
the granting of a renewal license. Such hearing shall take place not less than ten (10) nor more
than thirty (30) days after the date for submitting renewal applications. Upon request of such
hearing, the clerk shall cause to be published in the official newspaper ten (10) days in advance, a
notice of hearing to be held by the council, setting forth the day, time and place when the hearing
will be held and the names of all renewal applicants.
3. Notice Of Hearing: Upon receipt of the written report and recommendation by the police
department, and within twenty (20) days thereafter, the clerk shall cause to be published in the
official newspaper ten (10) days in advance, a notice of hearing to be held by the council, setting
forth the day, time and place when the hearing will be held; the name of the applicant; the
premises where the business is to be conducted; the nature of the business and such other
information as the council may direct.
4. Conduct Of Hearing: At the hearing, opportunity shall be given for persons to be heard
for or against the granting of the license.
5. Exception: The provisions of this section are not applicable to applications for temporary
licenses.
C. Granting License: After such investigation and hearing, the council shall grant or refuse the
application in its discretion.
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D. Issuance:
1. Each license shall be issued to the applicant only for the premises described in the application.
2. License Period, Expiration: Each license shall be issued for a maximum period of one year.
All 3.2 percent malt liquor licenses, except temporary licenses, expire on June 30 of each year,
and all intoxicating liquor licenses, except temporary licenses, expire on December 31 of each
year. Temporary licenses shall expire according to their terms.
3. Premises Under Construction: Where a license is granted for premises where the building is
under construction or otherwise not ready for occupancy, the clerk shall not issue the license until
notified by the building inspector that the building is ready for occupancy.
E. Report To State: The clerk shall, within ten (10) days after the issuance of any license under this
section, submit to the commissioner of public safety the full name and address of each person granted a
license, the true name, the effective license date, and the date of expiration of the license. He shall also
submit to the commissioner of public safety any change of address, transfer, cancellation or revocation of
any license by the council during the license period.
F. Transfer:
1. Each license shall be issued only for the licensee and premises described in the application.
No license may be transferred to another person or to another place without the approval of the
council;
2. Licenses issued to corporations shall be valid only so long as there is no change in the officers
or ownership interest of the corporation, within the meaning of 3-1-4 of this chapter unless such
change is approved by the council via amendment.
3. Licenses issued to associations or partnerships shall be valid only so long as there is no change
in the partnership or association agreement or in the ownership of said partnership or association
unless such change is approved by the council via amendment.
4. Any transfer of the license or a transfer of stock or interest in excess of 10% or where a
transfer results in any party acquiring an interest which, together with that of a spouse, parent,
brother, sister or child, exceeds 10 percent (10%), without council approval is grounds for
revocation of the license.
3-1-7 : PERSONS INELIGIBLE FOR LICENSE:
A. State Law: No license shall be granted to or held by any person made ineligible for such a license
by state law.
B. Manager Required: No license shall be granted to a corporation that does not have an operating
officer who is eligible pursuant to the provisions of this chapter.
C. Real Party In Interest: No license shall be granted to a person who is the spouse of a person
ineligible for a license pursuant to the provisions of subsection A of this section or who, in the judgment
of the council, is not the real party in interest or beneficial owner of the business operated, or to be
operated, under the license.
D. Interest Defined: The term "interest" as used in this section includes any pecuniary interest in the
ownership, operation, management or profits of a retail intoxicating liquor or 3.2 percent malt liquor
establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide
open accounts or other obligations held with or without security arising out of the ordinary and regular
course of business or selling or leasing merchandise, fixtures or supplies to such establishment; or an
interest of five percent (5%) or less in any corporation holding a city liquor license. A person who
receives monies from time to time directly or indirectly from the licensee in the absence of a bona fide
consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary
11
interest in such retail license. In determining bona fide, the reasonable value of the goods or things
received as consideration for the payment by the licensee and all other facts reasonably tending to prove
or disapprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this
section shall be considered.
3-1-8 : PLACES INELIGIBLE FOR LICENSE:
A. General Prohibition: No license shall be issued for any place or any business ineligible for such a
license under state law.
B. License Refused Where Taxes Due: No license shall be granted or renewed for operation on any
premises on which real estate taxes, assessments or other financial claims of the city or of the state are
delinquent or unpaid. If an action has been commenced pursuant to the provisions of Minnesota statutes,
chapter 278, questioning the amount or validity of taxes, the council may, on application by the licensee,
waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion
thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year
period is extended through no fault of the licensee.
C. Distance From School Or Church: No license shall be granted to any applicant whose place of
business is within three hundred feet (300') of any school or church. In applying this restriction the
distance shall be measured from the main front entrance of the school or church and the liquor
establishment following the route of ordinary pedestrian travel.
D. Nudity And Sexual Conduct Prohibited: No license shall be held at any premises where nudity or
sexual acts or conduct are permitted to occur.
1. For the purposes of this subsection "nudity" and "sexual conduct" are defined as follows:
NUDITY: The showing of the post-pubertal human male or female genitals, pubic area or
buttocks with less than a fully opaque covering or the showing of postpubertal female breast with
less than a fully opaque covering of any portion thereof below a point immediately above the top
of the areola, or the covered human male genitals in a discernibly turgid state. For the purposes of
this definition, the female breast is considered uncovered if the nipple only or the nipple and the
areola are covered.
SEXUAL CONDUCT: Acts or simulated acts of masturbation, sexual intercourse, sodomy,
bestiality, oral copulation, flagellation, sadomasochistic abuse, or any touching of the genitals,
pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone
or between members of the same or opposite sex or between humans and animals in an act of
apparent sexual stimulation or gratification.
2. The following acts or conduct in a premises which has been issued a license are contrary
to the public welfare and, therefore, in order to preserve order and protect the public welfare, no
license issued under this chapter shall be held at any premises where such conduct or acts are
permitted to occur:
a. The licensee, owner or manager of any licensed establishment permitting or
allowing any live nudity to occur on the licensed premises.
b. The licensee, owner or manager of any licensed establishment permitting or
allowing any live sexual conduct to occur in the licensed establishment.
3. The city council may suspend or revoke or refuse to issue a license for violation of this
subsection D upon a finding that the licensee has failed to comply with this subsection. No
suspension or revocation shall take effect until the licensee has been afforded an opportunity for a
hearing.
3-1-9 : CONDITIONS OF LICENSE:
A. Conditions and Regulations: Every license is subject to the conditions of this chapter and of all other
12
applicable ordinances, laws or regulations.
B. 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 an employee on the licensed premises authorized
to sell alcoholic beverages there 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. Every licensee
shall also cooperate with the city in controlling activity attributable to the business in surrounding
areas.
C. Inspections: Any police officer, building inspector or any properly designated officer or employee of
the city shall have the unqualified right to enter, inspect and search the premises of any licensee
hereunder during the business hours without a warrant.
D. Hours And Days Of Sale; Intoxicating Liquor: (Rep. by Ord. XVI.50, 7-1-2003)
E. Hours And Days Of Sale; 3.2 Percent Malt Liquor: (Rep. by Ord. XVI.50, 7-1-2003)
F. Nonemployees On Premises: No person, other than the licensee and any employee, shall remain on
the one-sale licensed premises more than 30 minutes after the time when a sale can legally occur.
G. Beverage Restriction: No alcoholic beverage shall be sold, furnished or delivered to any obviously
intoxicated person, to any known habitual drunkard, to any minor, or to any person to whom a sale is
prohibited by state law.
H. Sales Prohibited: No person shall give, sell, procure or purchase intoxicating liquor or 3.2 percent
malt liquor to or for any person to whom the sale would be forbidden by law.
I. Employment Of Minors: No person under eighteen (18) years of age shall be employed in any rooms
constituting the place in which alcoholic beverages are sold at retail on-sale, except that persons
under eighteen (18) years of age may be employed as musicians or to perform the duties of a bus
person or dishwashing services in places defined as a restaurant, hotel, motel or other multipurpose
building servicing food in which intoxicating liquors are sold at retail on-sale.
J. Ownership Of Equipment: No equipment or fixture in any licensed place shall be owned in whole or
in part by any manufacturer or distiller except such as shall be expressly permitted by state law.
K. Prostitution: No licensee shall knowingly permit the licensed premises or any room in those premises
or any adjoining building directly under his control to be used by prostitutes.
L. Controlled Substances: No licensee shall knowingly permit the sale, possession or consumption of
controlled substances on the licensed premises in violation of Minnesota statutes, chapter 152.
M. Certification: No class B on-sale intoxicating liquor license shall be renewed to a licensee that has
failed to submit a statement signed by a certified public accountant attesting that fifty one percent
(51%) or more (or 25 percent in the case of restaurants operated in conjunction with bowling centers
or movie theaters) of total revenues of the establishment was derived from the sale of food and
nonalcoholic beverages during the twelve (12) month period preceding the licensee's application for
renewal. The licensee shall provide access to its books and records during business hours on
reasonable notice by the chief of police or designee and shall provide such additional information as
the chief may require to demonstrate that the information on revenues derived from food and
beverage sales is accurate. In the event the chief of police determines that an audit by an outside
auditor is appropriate, the expense of such audit shall be paid by the licensee.
Failure to comply with limitations on percentage of revenues derived from food and nonalcoholic
beverage sales applicable to the relevant class of license is grounds for revocation or for suspension
and the imposition of such conditions as are deemed appropriate by the council.
N. Premises Limited: No license shall be effective beyond the compact and contiguous space named
therein for which the same was granted. All licenses granted hereunder shall set forth the exact
location within the building structure where such sales may be made and no sales shall be permitted
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except in that part of the premises defined in the license.
O. No On-sale licensee or an employee thereof shall allow a person to leave the licensed premises in
possession of an alcoholic beverage, except as allowed by MS 340A.404, Subd. 11.
P. Special Conditions: At the time a license renewal is issued, the city may attach additional conditions
to the license to protect the welfare of the community. Violation of any of the conditions shall be
grounds for revocation of the license.
3-1-10 : RESTRICTIONS INVOLVING MINORS:
A. No Sale To Minors: No licensee, his agent or employee shall serve or dispense upon the licensed
premises any intoxicating liquor or 3.2 percent malt liquors to a person under the legal drinking age; nor
shall such licensee, or his agent or employee, permit any such person to be furnished or consume any such
liquors on the licensed premises; nor shall such licensee, his agent or employee, permit any such person to
be delivered any such liquors.
B. Delivery To Minors: No person under the legal drinking age shall receive delivery of intoxicating
or 3.2 percent malt liquor.
C. Misrepresenting Age: No minor shall misrepresent his age for the purpose of obtaining
intoxicating liquor or 3.2 percent malt liquor, nor shall he enter any premises licensed for the retail sale of
intoxicating liquor or 3.2 percent malt liquor for the purpose of purchasing or having served or delivered
to him for consuming any such intoxicating liquor or beer, nor shall any such person purchase, attempt to
purchase, consume or have another person purchase for him any intoxicating liquor or 3.2 percent malt
liquor.
D. Identification Required: Any person shall, upon demand of the licensee, his employee or agent,
produce and permit to be examined a current driver's license or photo identification issued by the state
department of public safety. In the case of a foreign national, a valid passport may be used as an
alternative to the foregoing methods of identification.
E. Compliance Checks: From time to time, the city shall conduct compliance checks. Such checks
may involve, but are not limited to, engaging underage persons to enter the licensed premises to attempt
to purchase alcohol products.
3-1-11 : LIABILITY INSURANCE:
All applicants for any type of intoxicating liquor, 3.2 percent malt liquor or wine license to be issued or
renewed must, as a condition to the issuance of the license, demonstrate proof of financial responsibility
as defined in Minnesota Statute 340A.409 and with regard to liability imposed by Minnesota Statutes,
section 340A.801, to the city. Proof of financial responsibility may be given by filing one of the
following:
A. A certificate that there is in effect for the period of the license an insurance policy or pool
providing the following minimum coverages:
1. One hundred thousand dollars ($100,000.00) because of bodily injury to any one person
in any one occurrence and, subject to the limit for one person, in the amount of three hundred
thousand dollars ($300,000.00) because of bodily injury to two (2) or more persons in any one
occurrence, and in the amount of fifty thousand dollars ($50,000.00) because of injury to or
destruction of property of others in any one occurrence;
2. One hundred thousand dollars ($100,000.00) for loss of means of support of any one
person in any one occurrence, and, subject to the limit of one person, three hundred thousand
dollars ($300,000.00) for loss of means of support of two (2) or more persons in any one
occurrence; or
B. A bond or a surety company with the minimum coverages as provided in subsection A of this
section; or
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C. A certificate of the state treasurer that the licensee has deposited with him three hundred fifty
thousand dollars ($350,000.00) in cash or securities which may legally be purchased by savings banks or
for trust funds having a market value of three hundred fifty thousand dollars ($350,000.00).
D. In lieu of the above insurance requirements an applicant for a temporary 3.2 percent malt liquor
license may provide proof of financial responsibility by filing a certificate that there is in effect for the
license period an insurance policy or pool providing at least fifty thousand dollars ($50,000.00) of
coverage because of bodily injury to any one person in any one occurrence, one hundred thousand dollars
($100,000.00) because of bodily injury to two (2) or more persons in any one occurrence, ten thousand
dollars ($10,000.00) because of injury to or destruction of property of others in any one occurrence, fifty
thousand dollars ($50,000.00) for loss of means of support of any one person in any one occurrence, and
one hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in
any one occurrence.
3-1-12 : TEMPORARY LICENSES:
A. Temporary 3.2 Percent Malt Liquor License: The city council may issue a temporary on- sale
license for the sale of 3.2 percent malt liquor to a club, charitable, religious, or nonprofit organization.
The temporary licenses shall be subject to such terms and conditions as the council shall subscribe.
Except where specifically excluded, applicants for temporary licenses shall be subject to the provisions of
this chapter.
B. Temporary Intoxicating Liquor License: The city council may issue to a club or charitable
religious or nonprofit organization in existence for at least three (3) years, a political committee registered
under section 10A.14, or a state university, a temporary license for the on-sale of intoxicating liquor in
connection with a social event within the city sponsored by the licensee. The license may authorize the
on-sale of intoxicating liquor for not more than four (4) consecutive days, and may authorize on- sales on
premises other than premises the licensee owns or permanently occupies. The license may provide that
the licensee may contract for intoxicating liquor catering services with the holder of a full year on-sale
liquor license issued by a municipality. The licenses are subject to the terms, including the license fee,
normally imposed by the city. The licenses issued under this section are subject to all laws and ordinances
governing the sale of intoxicating liquor except Minnesota Statutes, section 340A.409, dealing with
liability insurance. Temporary licenses must first be approved by the commissioner of public safety
before they become valid.
C. Temporary Brewer On-Sale License: The city council may issue to a brewer who meets the
qualifications in MS 340A.404 Subd. 10, paragraph (c), a temporary license for the on-sale of intoxicating
liquor in connection with a social event within the municipality sponsored by the brewer. The terms and
conditions specified for Temporary Intoxicating Liquor Licenses under section 3-1-12.B shall apply to a
license issued under this paragraph.
D. One-day Consumption and Display Permit: A one-day permit for the consumption and display of
intoxicating liquor may be issued to a nonprofit organization subject to conditions set forth in MS
340A.414 Subd. 9. The permit must be approved by the public safety commissioner and is valid only for
the day indicated on the permit. The fee for the permit shall be set by Council but may not exceed
amount allowed in MS 340A.414 Subd. 9.
3-1-13 : ON-SALE LICENSE ON PUBLIC PREMISES:
A. Sports, Convention or Cultural Facility: The city council may issue to the holder of an on-sale
intoxicating liquor license issued by the city or a municipality adjacent to the city, a license to allow the
dispensing of intoxicating liquor at any convention, banquet, conference, meeting or social affair
conducted on the premises of a sports, convention or cultural facility owned by the city. The licensee
must be engaged to dispense intoxicating liquor at an event held by a person or organization permitted to
use the premises and may dispense intoxicating liquor only to persons attending the event. The licensee
may not dispense intoxicating liquor to any person attending or participating in an amateur athletic event
held on the premises.
15
B. Community Festivals: The city council may issue to the holder of an on-sale intoxicating liquor
license issued by the city, a license to allow the dispensing of intoxicating liquor off premises at a
community festival held within the municipality. The authorization shall specify the area in which the
intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee
demonstrates that it has liability insurance.
C. Application Process: Applicants for public premises licenses set forth in this section, shall be
subject to the following process:
1. Annual Application: Applicants for a public premises license shall annually apply to the
city for such license. The application shall set forth the applicant's desire for such license, the
nature and duration of its existing on- sale intoxicating liquor license and contain the license fee
set forth in subsection 3-1-5A of this chapter.
2. Hearing Not Required: No public hearing as set forth in subsection 3-1-6B of this chapter
shall be required for the granting of an on-sale license on public premises.
3. Application Approval: The city council shall approve the application if it determines the
applicant has a duly issued on-sale intoxicating liquor license issued by the city or an adjacent
municipality and if it further determines that the applicant is in good standing with regard to the
applicant's on-sale intoxicating liquor license.
4. Duration: The license granted under this section shall remain in effect from its issuance
until December 31 of the year in which it is issued. Licenses issued under this section are subject
to annual renewal.
D. Other Conditions: In addition to the requirements otherwise set forth in this section, public
premises licensees shall be subject to the following conditions:
1. Event Fees: In addition to the annual license fee set forth in subsection 3-1-5A of this
chapter, a licensee shall pay a per event fee. Such fee shall be established from time to time by
resolution of the city council.
2. Minnesota Products: If a licensee under this section is selling beer for on premises
consumption, the licensee shall make provision for the sale of at least one Minnesota produced
beer at each station on the premises where beer is being sold.
3. Events; Special Conditions: Whenever the city council determines that a specific event
for which the licensee will be providing on-sale intoxicating liquor requires special or unique
conditions, the city council may impose same and the licensee shall abide by all such conditions.
3-1-14 : OUTDOOR PATIOS AND DECKS:
A. Conditions Under Which Permitted: Service and consumption of alcohol on outdoor patios and
decks in conjunction with an intoxicating liquor "on-sale" license, an "on-sale" wine license, a special
club license, a special license for Sunday sales or a 3.2 percent malt liquor license may be permitted by
the city council under the following conditions:
1. The patio or deck area must be compact and contiguous to the licensed premises and shall
be enclosed with a wrought iron railing that meets standards set forth in this code and final
inspection by the chief building official.
2. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc., must be
provided.
3. Lighting must be sufficient to promote public safety, directed downward, and compatible
with the surrounding area.
4. A buffer zone should be provided between the patio or deck area and adjacent parking
lot. The area surrounding a patio or deck area must be fenced so as to not allow entrance from
outside the fenced area onto the patio or deck area.
16
5. Smoking may be allowed on the patio or deck area, provided it is in compliance with the
Minnesota "Freedom to Breath Act of 2007".
6. Music, televisions, bands, amplified sound or any activity that would disturb the peace of
the surrounding area is prohibited on the outdoor patio or deck area. Background music that does
not disturb the peace of the surrounding area is permitted during hours when service of alcoholic
beverages is permitted.
7. The patio or deck area shall be controlled and monitored continuously during the hours of
operation and unruly patrons shall be removed immediately.
8. The hours and days of sale of alcoholic beverages shall be in accordance with this code.
9. Patrons shall not leave the premises with a drink nor can drinks be taken onto a public
sidewalk.
10. The amendment to the licensee's licenses for the outdoor patio or deck area shall be
approved on a provisional basis. The council may revoke, suspend or decline to renew the license
for the patio or deck area portion of the licensed premises on the grounds of failure to comply
with the conditions outlined in the resolution or undue annoyance or burden on nearby residents.
11. The outdoor patio or deck area must be included in the required liquor liability insurance
for the premises.
12. The city council may impose any additional conditions it deems necessary in the interest
of the public health, safety and welfare at the time of initial approval or any renewal of the license
for a patio or deck. The conditions set forth allowing the patio or deck shall be reviewed during
the yearly renewal period.
3-1-15 : LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY
A. The council shall suspend a license for a period not to exceed sixty (60) days, revoke a license,
impose a civil fine not to exceed two thousand dollars ($2,000.00) or impose any combination of these
sanctions for each violation on a finding that the licensee has committed a violation of any of the
following:
1. False or misleading statements made on a license application or renewal, or failure to abide by
the commitments, promises or representations made to the city council.
2. Violation of any special conditions under which the license was granted.
3. Violation of any provision of this chapter or other applicable ordinances.
4. Creation of a nuisance on the premises or in the surrounding area.
5. Violation of any state or federal law or regulation controlling the sale of intoxicating liquor or
controlled substances.
6. Lapse of lapse of proof of financial responsibility.
B. The following is the minimum schedule of presumptive civil penalties which must be imposed in
addition to any suspension unless the license is revoked:
1. For the first violation within any three-year period, $500.
2. For the second violation within any three-year period, $1,000.
3. For the third and subsequent violations within any three-year period, $2,000.
C. Inactive License: The city council may revoke the intoxicating liquor or 3.2 percent malt liquor
license of any establishment granted a license that is not under construction and exhibiting satisfactory
progress toward completion within six (6) months from its issuance, or any establishment that ceases
17
operation for a period of six (6) months. A hearing shall be held to determine what progress has been
made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the
council may revoke the license.
D. Hearing Notice: Except in cases of lapse of proof of financial responsibility or liability insurance,
revocation or suspension of a license shall be preceded by a public hearing conducted in accordance with
Minnesota statutes, chapter 14. The city council may appoint a hearing examiner or may conduct a
hearing itself. The City shall give the licensee notice of the hearing at least ten (10) days prior to the
hearing. The notice shall include notice of the time and place of the hearing, and shall state the nature of
the charges against the licensee.
E. Lapse of required proof of financial responsibility shall affect an immediate suspension of any license
issued pursuant to this ordinance 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 ten days. Any suspension under
this division shall continue until the Council determines that the financial responsibility requirements of
state law and this ordinance have again been met.
F. In the event of a revocation of a license, the licensee must reapply for a license and meet the
requirements for a license under this chapter. In the event that a fine imposed pursuant to this section is
not paid within fifteen (15) days of its imposition by the council, the license shall be suspended until the
fine is paid.
3-1-16 : CONSUMPTION IN PUBLIC SPACES
A. Open Container in Parking Areas: No person shall consume intoxicating liquor or 3.2 percent malt
liquor or have in his possession any bottle or receptacle containing intoxicating liquor or 3.2 percent malt
liquor which is open while in the parking area of any shopping center or other commercial establishment.
B. Liquor in Public Parks: Possession and / or consumption in city parks shall be allowed or prohibited
according to City Code Title 4, Chapter 3, Section 10, as amended, except as permitted by Public
Premises licenses issued in accordance with this chapter, section 13.
Section 3: This ordinance will become effective from and after its date of publication.
Adopted this 7th day of July, 2015.
____________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
Published this _____ day of ___________________, 2015 in the Rosemount Town Pages.
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
RESOLUTION NO. 2015 - ______
RESOLUTION APPROVING SUMMARY PUBLICATION OF
ORDINANCE NO. 2015 - 06
WHEREAS, the City has adopted the above referenced ordinance; and
WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense
of publication of the complete text is not justified; and
WHEREAS, Minnesota Statutes §412.191, subd. 4, allows publication by title
and summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the following summary clearly informs the public of the intent and
effect of the ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Rosemount that the following summary is hereby approved for official publication in lieu
of the entire ordinance:
SUMMARY PUBLICATION
ORDINANCE NO. 2015 - 06
AN ORDINANCE REPEALING THE ROSEMOUNT CITY CODE
TITLE 3, CHAPTER 1, LIQUOR REGULATIONS AND PROVIDING A
NEW TITLE 3, CHAPTER 1
On July 7th, 2015, the Rosemount City Council adopted an ordinance designated
as Ordinance No. 2015 - 06, the title of which is stated above. The purpose of the
ordinance is to repeal and replace Title 3, Chapter 1 of the Rosemount City Code
entitled “Liquor Regulations”. The ordinance applies to the sale and consumption
of alcoholic beverages, types and quantities of liquor licenses available,
processes for license applications, investigation and public hearings, persons
eligible and ineligible for a license, conditions of licenses, restrictions involving
minors, liability insurance, serving liquor in public places and outdoor patios, and
revocation or suspension of licenses. Copies of the ordinance are available for
public inspection in the office of the City Clerk during normal business hours or
upon request by calling 651-322-2003.
/s/ Clarissa Hadler, City Clerk
RESOLUTION NO. 2015 - _____
BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of
the ordinance in her office at City Hall for public inspection and to post a full copy of the
ordinance in a public place in the City for a period of two weeks.
Adopted by the City Council of the City of Rosemount, Minnesota, this 7th day of July,
2015.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015 -
A RESOLUTION AMENDING THE
2015 SCHEDULE OF RATES AND FEES
WHEREAS, the City Council has reviewed the 2015 Schedule of Fees and Rates and recognizes the
need to amend certain rates and fees for 2015; and
WHEREAS, the City Council has found the need to amend the Fees for Liquor Licenses and
Investigations.
THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount, that it adopts
the following fees:
On-Sale Brewer Taproom $750.00
Microdistillery Cocktail Room $750.00
Off-Sale Small Brewer $200.00
Brew Pub Off-Sale Intoxicating $200.00
Temporary Brewer On-Sale $170.00/event
Bottle Club Consumption & Display $140.00
One-day Bottle Club Consumption & Display $25.00
Liquor Background Investigation Fee $1,500.00
[Underlined material is new. Stricken material is deleted.]
ADOPTED this 7th day of July, 2015 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
1
Chapter 1
LIQUOR REGULATIONS
3-1-1: PROVISIONS OF STATE LAW ADOPTED:
3-1-2: DEFINITIONS
3-1-3: LICENSES REQUIRED:
3-1-3-1: LICENSE TYPES
3-1-3-2: APPORTIONMENT OF LICENSES
3-1-4: LICENSE APPLICATIONS:
3-1-4-1: CONTENTS OF INITIAL APPLICATIONS:
3-1-4-2: EXECUTION OF APPLICATION:
3-1-4-3: RENEWAL APPLICATIONS:
3-1-4-4: AMENDMENT APPLICATION:
3-1-5: LICENSE FEES:
3-1-6: GRANTING OF LICENSES:
3-1-7: PERSONS INELIGIBLE FOR LICENSE:
3-1-8: PLACES INELIGIBLE FOR LICENSE:
3-1-9: CONDITIONS OF LICENSE:
3-1-10: RESTRICTIONS INVOLVING MINORS:
3-1-11: LIABILITY INSURANCE:
3-1-12: TEMPORARY LICENSES:
3-1-13: ONSALE LICENSE ON PUBLIC PREMISES:
3-1-14: OUTDOOR PATIOS AND DECKS:
3-1-15: REVOCATION OR SUSPENSION OF LICENSE:
3-1-16: CONSUMPTION IN PUBLIC PLACES
3-1-1 : PROVISIONS OF STATE LAW ADOPTED:
Except to the extent the provisions of this chapter are more restrictive, the provisions of Minnesota
statutes, chapter 340A, as amended from time to time, relating to the definition of terms, licensing,
consumption, sales, hours of sale, and all other matters pertaining to the retail sale, distribution and
consumption of intoxicating liquor and 3.2 percent malt liquor are adopted and made a part of this
chapter as if set out in full.
3-1-2 : DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
ALCOHOLIC BEVERAGE. Any beverage containing more than .5% alcohol by volume.
APPLICANT means any person making an application for a license under this chapter.
BREWERY, SMALL: A facility that produces not more than twenty thousand (20,000) barrels of malt
liquor in a calendar year as regulated by Minnesota Statutes, as may be amended.
BREWPUB: A restaurant with a micro-brewery use operated on the same premises as the restaurant.
CLUB As defined in M.S. Chapter 340A, as amended.
COCKTAIL ROOM: An area within a micro-distillery, or a premise adjacent to the micro-distillery and
under the same ownership as the micro-distillery, that provides the on-sale of the distilled liquor
DRAFT CODE WITH MARK-UPS
showing changes from previous code.
2
produced by the micro-distillery.
COMMISSIONER means the state commissioner of public safety.
DISTILLERY, MICRO: A facility that produces not more than forty thousand (40,000) proof gallons of
distilled spirits in a calendar year as regulated by Minnesota Statutes, as may be amended.
HOTEL. An establishment where, in consideration of payment therefor, food and lodging are regularly
furnished to transients and which has a resident proprietor or manager; a dining room serving the
general public at tables and having facilities for seating at least 30 guests at one time; and at least 25
guest rooms.
INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages
containing more than 3.2% of alcohol by weight.
LICENSE means a document, issued by the city, permitting an applicant to carry on and transact the
business stated therein.
LICENSEE means an applicant who, pursuant to the approved application, holds a valid, current,
unexpired license, which has neither been revoked nor is then under suspension, from the city for
carrying on the business stated therein.
PREMISES means the licenses premises as described in the issued license. In the case of a restaurant or a
club licensed for on-sales of alcoholic beverages and located on a golf course, "licensed premises"
means the entire golf course except for areas where motor vehicles are regularly parked or operated.
MALT LIQUOR means any beer, ale, or other beverage made from malt by fermentation and containing
not less than one-half of one percent alcohol by volume.
OFF-SALE means the sale of alcoholic beverages in original packages for consumption off the licensed
premises only.
OPERATING OFFICER, MANAGER or AGENT. A natural person, who is a resident of the state of
Minnesota, appointed in writing to take full responsibility for the conduct of the licensed premises and
serve as agent for service of notices and other process relating to the license.
SALE, SELL and SOLD. Include all barters and all manners or means of furnishing intoxicating and 3.2%
malt liquors or wine in violation or evasion of law and also include the usual meaning of the terms.
TAPROOM: An area within a micro-brewery, small brewery or brewery; or a premise adjacent to the
micro-brewery, small brewery or brewery and under the same ownership as the micro-brewery, small
brewery or brewery; that provides the on-sale of the malt liquor produced by the microbrewery,small
brewery or brewery.
THREE AND TWO-TENTHS PERCENT (3.2%) MALT LIQUOR. Malt liquor containing not less than 0.5%
alcohol by volume nor more than 3.2% alcohol by weight.
TOTAL REVENUES. All revenues from the sale of food, alcoholic beverages and nonalcoholic beverages
for consumption on the premises during the hours when the sale of alcoholic beverages is allowed.
WINE. A beverage made by normal alcoholic fermentation of grapes, grape juice, other fruits or honey
or a beverage made from other agricultural products, imitation wine, compounds sold as wine,
vermouth, cider, perry, and sake, containing not less than 0.5% nor more than 24% alcohol by volume
for nonindustrial use.
3-1-32 : LICENSES REQUIRED:
A. General Requirement: No person, except as provided in Minnesota statutes, section 340A.301,
subdivisions 1 and 8, and section 340A.510, regarding samples at off-sale establishments, and
3
manufacturers and wholesalers to the extent authorized by law, shall directly or indirectly deal in, sell,
keep for sale or deliver any intoxicating liquor, 3.2 percent malt liquor or wine without first having
received a license to do so as provided in this chapter; nor shall any private club or public place, directly
or indirectly, or upon any pretense or by any device, allow the consumption or display of intoxicating
liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first obtaining a
license from the city as provided in this chapter.
3-1-3-1 : LICENSE TYPES:
A. On-Sale Intoxicating Liquor Licenses: On-sale licenses shall be issued only to hotels, restaurants
and exclusive liquor stores and shall permit on-sale of liquor or wine. On-sale Intoxicating Liquor
licenses shall be of two (2) classes.
1. Class B licenses may be issued only to the following;
a. Restaurants where fifty one percent (51%) or more of total revenues are derived
from the sale of food and nonalcoholic beverages for consumption on the premises
during hours when the sale of alcoholic beverages is allowed.
b. Restaurants operated in conjunction with a bowling center, movie theater, or live
theater, where twenty five percent (25%) or more of total revenues are derived from
the sale of food and nonalcoholic beverages for consumption on the premises during
hours when the sale of alcoholic beverages is allowed.
c. hotels as defined in MS 340A.101 Subd. 13.
2. Class A licenses may be issued to hotels, restaurants and exclusive liquor stores and are
unrestricted as to the percentage of revenues derived from the sale of food and nonalcoholic
beverages.
B. C.On-Sale Wine Licenses: On-sale wine licenses shall be issued only to restaurants meeting the
qualifications of Minnesota statutes, section 340A.404, subdivision 5, and whose total revenues
are at least fifty-one percent (51%) attributable to the sale of food and shall permit only the sale
of wine not exceeding fourteen percent (14%) twenty-four percent (24%) alcohol by volume, for
consumption on the licensed premises only, in conjunction with the sale of food. A holder of an
on-sale wine license who is also licensed to sell 3.2 percent malt liquors at on-sale and whose
total revenues are at least sixty percent (60%) attributable to the sale of food may sell
intoxicating malt liquor at on-sale without an additional license.
C. DSpecial Club On-Sale Intoxicating Licenses: Special Club on-sale intoxicating liquor licenses shall
be issued only to clubs or congressionally chartered veterans organizations which meet the
qualifications of Minnesota statutes, section 340A.404, subdivision 1. have been in existence for
three (3) years or more and to congressionally chartered veterans' organizations which have
been in existence for three (3) years or more.
D. ESpecial License For Sunday Sales: A special license authorizing sales on Sunday in conjunction
with the serving of food may be issued to any hotel, restaurant or club which has facilities for
serving at least thirty (30) guests at one time, and which has an on-sale license.
E. FOff-Sale Intoxicating Liquor Licenses: Off-sale intoxicating liquor licenses shall permit the sale of
alcoholic beverages in original packages for consumption off the premises only.
G.Bottle Club Permits: Bottle club permits may be issued to bottle clubs and business
establishments in accordance with the provisions of Minnesota statutes, section 340A.414, for
the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of
4
mixing with intoxicating liquor.
F. On-Sale 3.2 Percent Malt Liquor Licenses: On-sale 3.2 percent malt liquor licenses may be
granted only to clubs, restaurants and hotels where food is prepared and served for
consumption on the premises, and golf courses. On-sale 3.2 percent malt liquor licenses shall
permit the sale for consumption on the premises only.
G. IOff-Sale 3.2 Percent Malt Liquor Licenses: Off-sale 3.2 percent malt liquor licenses shall permit
the sale of 3.2 percent malt liquor at retail in the original package for consumption off the
premises only.
H. On-Sale Brewer Taproom License: A brewer taproom license may be issued to a brewer for on-
sale consumption of the malt liquor manufactured at the adjoining brewery pursuant to the
requirements of Minnesota Statute 340A, but only to the extent permitted by City Code and
Zoning Ordinance. Council may authorize a taproom to conduct on-sale business on Sundays
with no additional license needed.
I. Off-Sale Small Brewer License: An off-sale small brewer license may be issued to a brewer who
has a license from the Commissioner in accordance with the requirements of Minnesota Statute
340A. Council may authorize a Small Brewer to conduct sales of growlers only at off-sale on
Sundays with no additional license needed.
J. Brew Pub Off-Sale Intoxicating Liquor License: An off-sale brew pub license may be issued to a
restaurant who has a license from the Commissioner in accordance with the requirements of
Minnesota Statute 340A. Council may authorize a Brew Pub to conduct sales of growlers only at
off-sale on Sundays with no additional license needed.
K. Microdistillery Cocktail Room License: A microdistillery cocktail room license may be issued to a
holder of a microdistillery license from the Commissioner in accordance with the requirements
of Minnesota Statute 340A.
L. Public Premises License: On-sale intoxicating liquor licenses for events taking place at a sports,
convention or cultural facility owned by the city may be granted as authorized by section 3-1-13
of this chapter.
G.M. Temporary On-Sale 3.2 Percent Malt Liquor License: Temporary 3.2 percent malt liquor
licenses may be granted to a club or charitable, religious, or nonprofit organization as
authorized by section 3-1-123 of this chapter.
H.N. K.Temporary On-Sale Intoxicating Liquor License: Temporary on-sale intoxicating liquor
licenses may be granted as authorized by section 3-1-123 of this chapter.
O. Temporary Brewer On-Sale License: Temporary on-sale intoxicating liquor licenses may be
granted as authorized by section 3-1-123 of this chapter.
P. M.City Owned Facilities: On-sale intoxicating liquor licenses for events taking place at a sports,
convention or cultural facility owned by the city may be granted as authorized by section 3-1-15
of this chapter.One-day Consumption and Display Permit: A one-day permit for the
consumption and display of intoxicating liquor may be granted as authorized by section 3-1-12
of this chapter.
Q. Consumption and Display Permits: Consumption and display permits may be approved by
Council for issuance by the Commissioner in accordance with the provisions of Minnesota
statutes, section 340A.414, for the consumption or display of intoxicating liquor or the serving
of any liquid for the purpose of mixing with intoxicating liquor.
5
3-1-3-2 :L APPORTIONMENT OF INTOXICATING LIQUOR LICENSES:
A1. Class B intoxicating liquor licenses will be issued within the total liquor license limits established
in Minnesota statutes, section 340A.4134, as amended.
B2. Two (2) Cclass A intoxicating liquor licenses may be issued within the city of Rosemount.
C3. Off-sale intoxicating liquor licenses may be issued dependent on the population of the city of
Rosemount. One off-sale liquor license may be issued for each six thousand five hundred (6,500) of city
population attained, as determined by the most recent metropolitan council population estimates. On
July 1, 2006, tThere shall be no limit on the number of off-sale intoxicating liquor licenses.
3-1-34 : LICENSE APPLICATIONS:
3-1-4-1 : CONTENTS OF INITIAL APPLICATIONS:
A. General: In addition to the information which may be required by the forms of the
Ccommissioner of public safety, the application for any type of license to be issued under this chapter
shall contain information required by this section.
B. Nature Of Application: The application shall show whether the applicant is a natural person,
corporation, partnership or other firm or organization.
1. Natural Person: If the applicant is a natural person, the following information shall be
required:
a. True name, place and date of birth, and street residence address of the
applicant.
b. Whether the applicant has ever used or been known by a name other than his
or her true name and, if so, what was such name or names, and information
concerning dates and places where used.
c. The name of the business if it is to be conducted under a designation, name or
style other than the full individual name of the applicant; in such case a copy of
the certification, as required by Minnesota statutes, chapter 333, certified by
the secretary of state, shall be attached to the application.
Whether the applicant and present spouse are registered voters, and if so, where.
d. Street addresses at which the applicant and present spouse havehas lived
during the preceding ten (10) years.
e. Kind, name and location of every business or occupation the applicant or
present spouse has been engaged in during the preceding ten (10) years.
f. Names and addresses of the applicant's and spouse's employers and partners, if
any, for the preceding ten (10) years.
g. Whether the applicant or his spouse, or a parent, brother, sister or child of
either of them, has ever been convicted of any crime or violation of any City
ordinance, other than traffic. If so, the applicant shall furnish information as to
the time, place and offense for which convictions were had.
6
Whether the applicant or his spouse, or a parent, brother, sister or child of either of
them has ever been engaged as an employee or in operating a saloon, hotel, restaurant,
cafe, tavern or other business of similar nature. If so, the applicant shall furnish
information as to the time, place and length of time of such employment or operation.
Whether the applicant has ever been in the military service. If so, the applicant shall,
upon request, exhibit copies of all discharges from such military service.
The name, address and business address of each person who is engaged in Minnesota in
the business of selling, manufacturing or distributing intoxicating liquor and who is
nearer of kin to the applicant or his spouse than second cousin, whether of the whole or
half blood, computed by Rules of Civil Law, or who is a brother-in-law or sister-in-law of
the applicant or his spouse.
2. Partnership: If the applicant is a partnership, the following information shall be required:
a. tThe names and addresses of all partners and all information concerning each partner as
is required of an individual single applicant in subsection B1 of this Section. A managing
partner or partners shall be designated. The interest of each partner in the business
shall be disclosed.
b. A true copy of the partnership agreement.
a.c. If the partnership is required to file a certificate as to a trade name under the provisions
of Minnesota Statutes, chapter 333, a true copy of such certificate certified by the
Secretary of State shall be attached to the application.
3. Corporation: If the applicant is a corporation or other association and is applying for an on-
sale license, the following information shall be required:
a. Name and, if incorporated, the state of incorporation.
b. A true copy of the certificate of incorporation, articles of incorporation or association
agreement and bylaws and, if a foreign corporation, a certificate of authority, as
described in Minnesota statutes.
c. The name of the manager or proprietor or other agent in charge of the premises to be
licensed, giving all the information about said person as is required of a single applicant
in subsection B1 of this Section.
d. A list of all persons who, singly or together with their spouses, or a parent, brother,
sister or child of either of them, own or control an interest in said corporation or
association in excess of five ten percent (105%) or who are officers or directors of said
corporation or association, together with their addresses and all information as is
required of an individual single applicant in subsection B1 of this Section.
4. Club: If an application is submitted by a club, the following information shall be submitted in
addition to that required by the Commissioner of Public Safety and by the prior subsections
hereof:
a. The name of the club and tThe purpose for which the club was originally organized and
for which it is now existing.
b. The date that the club was first organized and the place of such organization. and
location that the club was first incorporated, and, where appropriate, the date that the
establishment serving the club was incorporated or otherwise established. True copies
of the Articles of Incorporation, By-Laws, or other similar governing documents shall be
7
submitted with the application.
c. The number of members.
d. The name of the manager, proprietor or other person who shall be in charge of the
licensed premises together with all the same information concerning such person as is
required of an individual single applicant for an on-sale license as set forth in subsection
B1 of this Section.
e. A sworn statement by a responsible individual having personal knowledge of the facts
shall be submitted with the application verifying that the club meets all the
requirements of Minnesota Statutes, sections 340A.404 and 340A.101, subdivision 7. In
the event that no person can make such a statement, satisfactory documentary proof
may be submitted in support of such facts.
C. Type: The application shall state the type of license the applicant seeks.
D. Description Of Premises:
1. Legal Description: The exact legal description of the premises to be licensed together
with a plot plan of the area showing dimensions, location of buildings, street access, parking
facilities and the locations of and distances to the nearest church buildings and school grounds.
2. Street Address: The street address where the sale of intoxicating liquorsalcoholic beverages
is to be conducted. and the rooms where liquor is to be sold or consumed. An applicant for an
on-sale license shall submit a floor plan of the facilities open to the publicThe plan shall show
room dimensions and shall indicate the number of persons intended to be served in each of said
rooms.
3. Plans Of Premises: A set of plans showing the design of the proposed compact and
contiguous premises within which alcoholic beverages may be dispensed and consumed. The
plan shall show room dimensions and shall indicate the number of persons intended to be
served in each of said rooms.
E. Financial And Interest Criteria:
1. Financial Interest: The names and addresses of all persons, other than the applicant,
who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in
trade; the nature of such interest, amount thereof, terms for payment or other reimbursement.
This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders,
lienholders, trustees, trustors and persons who have cosigned notes or have otherwise loaned,
pledged or extended security for any indebtedness of the applicant.
2. Amount Of Investment: The amount of investment that the applicant has in the
business, building, premises, fixtures and structures, exclusive of land, on the premises
proposed to be licensed.
F. References: The names, residences and business addresses of three (3) persons, residents of
the state, of good moral character, not related to the applicant or financially interested in the premises
or business, who may be referred to as to the applicant's character or, in the case where information is
required of a manager, the manager's character.
G. Plans Of Premises: Whenever the application for a license to sell intoxicating liquor, or for a
8
transfer thereof is for premises either planned or under construction or undergoing substantial
alteration, the application shall be accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed.The plan shall show room dimensions and shall indicate the number
of persons intended to be served in each of said rooms.
GH. Taxes: Whether or not all real estate taxes, assessments, or other financial claim of the city,
state or federal government for the business and premises to be licensed have been paid, and if not
paid, the years for which delinquent.
HI. Description Of Proposed Business: A detailed narrative description of the proposed business for
which the license is sought including, but not limited to: type of clientele, type of entertainment (if any),
type of food menu (if any), and fixtures.
IJ. Other Information Required: Such other information as the city council shall require.
3-1-4-2 : EXECUTION OF APPLICATION:
If the application is by a natural person, it shall be signed and sworn to by such person; if by a
corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated
association, by the operating officer or managing officer thereof. If the applicant is a partnership, the
application, license and bond or insurance policy shall be made and issued in the name of all partners. It
shall be unlawful to make any false statement in an application. Applications shall be filed with the city
clerk.
3-1-4-3 : RENEWAL APPLICATIONS:
License Period, Expiration: Each renewal license shall be issued for a maximum period of one year. All
3.2 percent malt liquor licenses, except temporary licenses, expire on June 30 of each year, and all
intoxicating liquor licenses, except temporary licenses, expire on December 31 of each year. Temporary
licenses shall expire according to their terms.
Time Of Making Application: Applications for the renewal of an existing license shall be made at least
sixty (60) days prior to the date of the expiration of the license, and shall state that everything in the
prior applications remains true and correct except as otherwise indicated. The city will mail application
forms to existing licensees approximately ninety (90) days prior to expiration of the licenses. If, in the
judgment of the council, good and sufficient cause is shown by any applicant for his failure to file for a
renewal within the time period provided, the council may, if the other provisions of this chapter are
complied with, grant the application.
3-1-43-4 : AMENDMENT APPLICATION:
A. Purpose Of An Amendment: A licensee may request an amendment to the license during the
calendar year term of the license for any of the following purposes:
1.Change in ownership of ten percent (10%) or more of the stock of the corporation or
change in ownership which results in any party acquiring an interest which, together with that
of a spouse, parent, brother, sister or child, exceeds ten percent (10%).
2.Change in the Operating Office, Manager, or Agent or management of establishment
.
23.Request to modify a condition(s) within the license.
43.Request to expand the permitted license area.
B. Material Required: The following application material shall be provided as part of the
amendment application:
9
1. 1. Change in ownership or management of establishment: An amendment
application shall be submitted with any changes to the original application. In addition,
applicant shall submit all information as is required of an individual single applicant in
Section 3-1-4-1, subsection B1, for each party who acquires an interest which, together
with that of a spouse, parent, brother, sister or child, exceeds 10 percent (10%). A
license application shall be submitted with the information requested in section 3-1-3-1,
"Contents Of Initial Applications", of this chapter.
1.2. Change in Corporate Officers, Operating Officer, Manager or Agent of establishment:
An amendment application shall be submitted with all information as is required of an
individual single applicant in subsection B1 of this Section.
2.3. 2. Request to modify a condition(s) within the license: The licensee shall provide in
writing the condition that is requested to be modified, the modification that is
requested, and the factors that the city council should consider when determining the
modification.
3.4. 3. Request to expand the permitted license area licensed premises: The licensee
shall provide in writing the plans for the expansion including the necessary building
permit application, landscaping plans and all plans as requested by staff. A revised
certificate of liability insurance must also be submitted showing liquor liability coverage
for the expanded area.
C. Amendment Fees: The amendment fees for the licenses shall be established from time to time
by resolution of the city council. In the case of the change of principal ownership or management, an
initial investigation fee shall be paid by the applicant.
C. Amendment applications shall be submitted on or before thirty (30) days prior to the effective
dates of any changes.
3-1-54 : LICENSE FEES:
A. Fees: The fees for licenses, amendments and permits shall be as established from time to time
by resolution of the city council subject to limitations set by MS 340A and City Code.
1. The fee at each event at which a licensee holding an on-sale intoxicating liquor license on public
premises serves intoxicating beverages shall be thirty dollars ($30.00).
2. The fee for any amendment to an existing liquor license is fifty dollars ($50.00).
B. Payment Of Fees: The license fee for a new license shall be paid in full before the application for
the license is accepted, and at least ten (10) days before the public hearing on the application. All fees
shall be paid into the general fund of the city. Upon rejection of any application for a license or upon
withdrawal of an application before approval of the issuance by the council, the license fee shall be
refunded to the applicant except where rejection is for a wilful misstatement in the license application.
C. Term, Pro Rata Fee: Each license shall be issued for a period of one year except that if the
application is made during the license year, a license may be issued for the remainder of the year for a
pro rata fee, with any unexpired fraction of a month being counted as one month. Every license shall
expire as provided in subsection 3-1-63-2A of this chapter.
D. Refunds: No refund of any fee shall be made except as authorized by Minnesota statutes,
section 340A.408.
E. Change Of Ownership, Exception: Where a new application is filed as a result of incorporation by
10
an existing licensee and the ownership control and interest in the license are unchanged, no additional
investigation fee will be required.
F. Investigation Fees: Investigation fees for other than temporary licenses shall be as follows:
1. For initial license investigations conducted within the state of Minnesota, the
investigation fee shall be five hundred dollars ($500.00) or the maximum set by MS 340A.412.
2. For initial license investigations conducted outside of the state of Minnesota, the
investigation fee shall be the actual cost of the investigation, but not to exceed ten thousand
dollars ($10,000.00). At the time of the original application for a license, the applicant shall
deposit one thousand five hundred dollars ($1,500.00) with the city for the investigation fee.
Any fees due in excess of the one thousand five hundred dollar deposit must be paid prior to the
license hearing and before the city council considers the application. Any deposit amount in
excess of the actual cost of in the investigation shall be returned to the applicant.
At the time of each original application for a license, the applicant shall deposit one thousand
five hundred dollars ($1,500.00) with the city for the investigation fee. The investigation fee
shall be three hundred fifty dollars ($350.00). Provided, for investigations conducted outside the
state, the city shall be paid the investigation costs in excess of three hundred fifty dollars
($350.00), but not to exceed ten thousand dollars ($10,000.00). Any fees due in excess of the
one thousand five hundred dollar ($1,500.00) deposit must be paid prior to the license hearing
and before the city council considers the application. The remainder of the deposit shall be
returned to the applicant.
32. At any time an additional investigation is required because due to one or more of the
following, the city may charge an additional investigation fee up to five hundred dollars
($500.00) or the maximum set by MS 340A.412.; of
(a) a change in the ownership of any licensee or control of a corporate license within
the meaning of subsection 3-1- 6C 3-1-4 of this chapter,
or because of a transfer from place to place, the licensee shall pay an additional
investigation fee equal to the amount of the cost of the investigation. The deposit on
the fee shall be one thousand five hundred dollars ($1,500.00)(b) a change in the
operating officer, proprietor, manager, or other agent in charge of the licensed
premises.
3. At any time that an additional investigation is required because of (c) an
enlargement or, substantial alteration of the premises already licensed which, in the
city's opinion, changes the character of the establishment, or
extension of premises previously licensed, the licensee shall pay an additional
investigation fee equal to the amount of the cost of investigation. The deposit on the
fee shall be five hundred dollars ($500.00).(d) E. Change Of Ownership,
Exception: Where a new application is filed as a result of incorporation by an existing
licensee and the ownership control and interest in the license are unchanged, no
additional investigation fee will be required.
4. If requested, the city will furnish the applicant verification of all costs in excess of two
thousand five hundred dollars ($2,500.00).
11
5. Investigation fees for temporary license shall be established from time to time by
resolution of the city council.
6. Fees for additional investigation required because of a change in the operating officer or
proprietor or other agent in charge of the licensed premises shall be established from time to
time by resolution of the city council.
3-1-65 : GRANTING OF LICENSES:
A. Investigation: At the time of making application, the applicant shall, in writing, authorize the
police department to investigate all facts set out in the application and do a personal background and a
criminal record check on the applicant. The applicant shall further authorize the police department to
release information received from such investigation to the city council. Should the city council deny the
applicant the request for a license, due partially or solely to the applicant's prior conviction of a crime,
the city council shall notify the applicant in writing of the following information:
1. The grounds and reasons for the denial;
2. The applicable complaint and grievance procedure as set forth in Minnesota Sstatutes,
section 364.06;
3. The earliest date the applicant may reapply for a license; and
4. That all competent evidence of rehabilitation will be considered upon reapplication.
B. Hearing Requirements:
1. Public Hearing Required: A Public Hearing shall be required for any new application or
amendment application for the purpose of permanently expanding the licensed premises.
2. Hearing On Renewal Applications and Amendment Applications Other than Expansion of
Licensed Premises: The Council may choose to hold a public hearing prior to amendment or
renewal of any license where opportunity may be given to any person to be heard for or against
the granting of a renewal license. Such hearing shall take place not less than ten (10) nor more
than thirty (30) days after the date for submitting renewal applications. Upon request of such
hearing, the clerk shall cause to be published in the official newspaper ten (10) days in advance,
a notice of hearing to be held by the council, setting forth the day, time and place when the
hearing will be held and the names of all renewal applicants.
3. Notice Of Hearing: Upon receipt of the written report and recommendation by the police
department, and within twenty (20) days thereafter, the council shall instruct the clerk to shall
cause to be published in the official newspaper ten (10) days in advance, a notice of hearing to
be held by the council, setting forth the day, time and place when the hearing will be held; the
name of the applicant; the premises where the business is to be conducted; the nature of the
business and such other information as the council may direct.
42. Conduct Of Hearing: At the hearing, opportunity shall be given for persons to be heard
for or against the granting of the license.
3. Hearing On Renewal Applications: No less than ten (10) nor more than thirty (30) days
after the date for submitting renewal applications, the council shall hold a public hearing.
Opportunity shall be given to any person to be heard for or against the granting of a renewal
license. The hearing requirements on renewal applications may be waived by the council.
4. Hearing Costs: The cost of all hearings except uncontested, routine renewal hearings
shall be borne by the applicant.
55. Exception: The provisions of this section are not applicable to applications for temporary
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licenses.
C. Granting License: After such investigation and hearing, the council shall grant or refuse the
application in its discretion.
D. Issuance; Transfer; Buildings Under Construction:
1. Each license shall be issued to the applicant only for the premises described in the
application..
2. License Period, Expiration: Each renewal license shall be issued for a maximum period of one
year. All 3.2 percent malt liquor licenses, except temporary licenses, expire on June 30 of each
year, and all intoxicating liquor licenses, except temporary licenses, expire on December 31 of
each year. Temporary licenses shall expire according to their terms.
a. 2. Transfer: Each license shall be issued only for the premises described in the application.
No license may be transferred to another person or to another place without the approval
of the council and without a new application having been filed. Any transfer of the license
and a transfer of stock without council approval is grounds for revocation of the license.
3. Premises Under Construction: Where a license is granted for premises where the
building is under construction or otherwise not ready for occupancy, the clerk shall not issue the
license until notified by the building inspector that the building is ready for occupancy.
E. Report To State: The clerk shall, within ten (10) days after the issuance of any license under this
section, submit to the commissioner of public safety the full name and address of each person granted a
license, the true name, the effective license date, and the date of expiration of the license. He shall also
submit to the commissioner of public safety any change of address, transfer, cancellation or revocation
of any license by the council during the license period.
F. Transfer:
1. Each license shall be issued only for the licensee and premises described in the application.
No license may be transferred to another person or to another place without the approval of
the council;
2. Licenses issued to corporations shall be valid only so long as there is no change in the officers
or ownership interest of the corporation, within the meaning of 3-1-4 of this chapter unless such
change is approved by the council via amendment.
3. Licenses issued to associations or partnerships shall be valid only so long as there is no
change in the partnership or association agreement or in the ownership of said partnership or
association unless such change is approved by the council via amendment.
4. Any transfer of the license or a transfer of stock or interest in excess of 10% or where a
transfer results in any party acquiring an interest which, together with that of a spouse, parent,
brother, sister or child, exceeds 10 percent (10%), without council approval is grounds for
revocation of the license.
3-1-76 : PERSONS INELIGIBLE FOR LICENSE:
A. State Law: No license shall be granted to or held by any person made ineligible for such a license
by state law.
B. Manager Required: No license shall be granted to a corporation that does not have an operating
officer who is eligible pursuant to the provisions of this chapter.
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C. Real Party In Interest: No license shall be granted to a person who is the spouse of a person
ineligible for a license pursuant to the provisions of subsection A of this section or who, in the judgment
of the council, is not the real party in interest or beneficial owner of the business operated, or to be
operated, under the license.
D. Interest Defined: The term "interest" as used in this section includes any pecuniary interest in
the ownership, operation, management or profits of a retail intoxicating liquor or 3.2 percent malt
liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements;
bona fide open accounts or other obligations held with or without security arising out of the ordinary
and regular course of business or selling or leasing merchandise, fixtures or supplies to such
establishment; or an interest of five percent (5%) or less in any corporation holding a city liquor license.
A person who receives monies from time to time directly or indirectly from the licensee in the absence
of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to
have a pecuniary interest in such retail license. In determining bona fide, the reasonable value of the
goods or things received as consideration for the payment by the licensee and all other facts reasonably
tending to prove or disapprove the existence of any purposeful scheme or arrangement to evade the
prohibitions of this section shall be considered.
3-1-87 : PLACES INELIGIBLE FOR LICENSE:
A. General Prohibition: No license shall be issued for any place or any business ineligible for such a
license under state law.
B. License Refused Where Taxes Due: No license shall be granted or renewed for operation on any
premises on which real estate taxes, assessments or other financial claims of the city or of the state are
due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minnesota
statutes, chapter 278, questioning the amount or validity of taxes, the council may, on application by the
licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or
any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless
such one year period is extended through no fault of the licensee.
C. Distance From School Or Church: No license shall be granted to any applicant whose place of
business is within three hundred feet (300') of any school or within three hundred feet (300') of any
church. In applying this restriction the distance shall be measured from the main front entrance of the
school or church and the liquor establishment following the route of ordinary pedestrian travel.
D. Nudity And Sexual Conduct Prohibited: No license shall be held at any premises where nudity or
sexual acts or conduct are permitted to occur.
1. For the purposes of this subsection "nudity" and "sexual conduct" are defined as
follows:
NUDITY: The showing of the post-pubertal human male or female genitals, pubic area or
buttocks with less than a fully opaque covering or the showing of postpubertal female breast
with less than a fully opaque covering of any portion thereof below a point immediately above
the top of the areola, or the covered human male genitals in a discernibly turgid state. For the
purposes of this definition, the female breast is considered uncovered if the nipple only or the
nipple and the areola are covered.
SEXUAL CONDUCT: Acts or simulated acts of masturbation, sexual intercourse, sodomy,
bestiality, oral copulation, flagellation, sadomasochistic abuse, or any touching of the genitals,
pubic areas or buttocks of the human male or female, or the breasts of the female, whether
alone or between members of the same or opposite sex or between humans and animals in an
act of apparent sexual stimulation or gratification.
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2. The following acts or conduct in a premises which has been issued a license are contrary
to the public welfare and, therefore, in order to preserve order and protect the public welfare,
no license issued under this chapter shall be held at any premises where such conduct or acts
are permitted to occur:
a. The licensee, owner or manager of any licensed establishment permitting or
allowing any live nudity to occur on the licensed premises.
b. The licensee, owner or manager of any licensed establishment permitting or
allowing any live sexual conduct to occur in the licensed establishment.
3. The city council may suspend or revoke or refuse to issue a license for violation of this
subsection D upon a finding that the licensee has failed to comply with this subsection. No
suspension or revocation shall take effect until the licensee has been afforded an opportunity
for a hearing.
3-1-98 : CONDITIONS OF LICENSE:
A. Conditions aAnd Regulations: Every license is subject to the conditions in the following subsections
and all other provisions of this chapter and of all other applicable ordinances, state laws or
regulations.
B. 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 an employee on the licensed premises
authorized to sell intoxicating liquoralcoholic beverages there 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. Every licensee shall also cooperate with the city in controlling activity
attributable to the business in surrounding areas.
C. Inspections: Any police officer, building inspector or any properly designated officer or employee of
the city shall have the unqualified right to enter, inspect and search the premises of any licensee
hereunder during the business hours without a warrant.
D. Hours And Days Of Sale; Intoxicating Liquor: (Rep. by Ord. XVI.50, 7-1-2003)
E. Hours And Days Of Sale; 3.2 Percent Malt Liquor: (Rep. by Ord. XVI.50, 7-1-2003)
F. Nonemployees On Premises: No person, other than the licensee and any employee, shall remain on
the one-sale licensed premises more than 30 minutes after the time when a sale can legally occur. A
liquor licensee shall not allow nonemployees on the business premises from thirty (30) minutes
after the sale of intoxicating and/or 3.2 percent malt liquor is prohibited until the sale is again
permitted except as hereinafter provided. Liquor licensees may permit nonemployees on the
premises during normal hours of operation when the sale of intoxicating and 3.2 percent malt liquor
is prohibited, provided, that there be no sale of intoxicating or 3.2 percent malt liquor during the
hours in which the sale of liquor is prohibited and no consumption or display of intoxicating and/or
3.2 percent malt liquor from thirty (30) minutes after the sale is prohibited.
G. Beverage Restriction: No intoxicating or 3.2 percent malt liquoralcoholic beverage shall be sold, or
furnished or delivered to any obviously intoxicated person, to any known habitual drunkard, to any
minor, or to any person to whom a sale is prohibited by state law.
H. Sales Prohibited: No person shall give, sell, procure or purchase intoxicating liquor or 3.2 percent
malt liquor to or for any person to whom the sale would be forbidden by law.
I. Employment Of Minors: No person under eighteen (18) years of age shall be employed in any rooms
constituting the place in which intoxicating liquorsalcoholic beverages are sold at retail on-sale,
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except that persons under eighteen (18) years of age may be employed as musicians or to perform
the duties of a bus person or dishwashing services in places defined as a restaurant, hotel, motel or
other multipurpose building servicing food in which intoxicating liquors are sold at retail on-sale.
J. Ownership Of Equipment: No equipment or fixture in any licensed place shall be owned in whole or
in part by any manufacturer or distiller except such as shall be expressly permitted by state law.
K. Prostitution: No licensee shall knowingly permit the licensed premises or any room in those
premises or any adjoining building directly under his control to be used by prostitutes.
L. Controlled Substances: No licensee shall knowingly permit the sale, possession or consumption of
controlled substances on the licensed premises in violation of Minnesota statutes, chapter 152.
M. Certification: No class B on-sale intoxicating liquor license shall be renewed to a licensee that has
failed to submit a statement signed by an independent certified public accountant attesting that
fifty one percent (51%) or more (or 25 percent in the case of restaurants operated in conjunction
with bowling centers or movie theaters) of total revenues of the establishment was derived from
the sale of food and nonalcoholic beverages during the twelve (12) month period preceding the
licensee's application for renewal. The licensee shall provide access to its books and records during
business hours on reasonable notice by the chief of police or designee and shall provide such
additional information as the chief may require to demonstrate that the information on revenues
derived from food and beverage sales is accurate. In the event the chief of police determines that an
audit by an outside auditor is appropriate, the expense of such audit shall be paid by the licensee.
Failure to comply with limitations on percentage of revenues derived from food and nonalcoholic
beverage sales applicable to the relevant class of license is grounds for revocation or for suspension
and the imposition of such conditions as are deemed appropriate by the council.
N. Premises Limited: No license shall be effective beyond the compact and contiguous space named
therein for which the same was granted. All licenses granted hereunder shall set forth the exact
location within the building structure where such sales may be made and no sales shall be permitted
except in that part of the premises defined in the license.
O. No On-sale licensee or an employee thereof shall allow a person to leave the licensed premises in
possession of an alcoholic beverage, except as allowed by MS 340A.404, Subd. 11.
P. Special Conditions: At the time a license renewal is issued, the city may attach additional conditions
to the license to protect the welfare of the community. Violation of any of the conditions shall be
grounds for revocation of the license.
3-1-9 : CORPORATIONS, PARTNERSHIPS OR ASSOCIATIONS:
A. Licenses issued to corporations shall be valid only so long as there is no change in the officers or
ownership interest of the corporation, within the meaning of subsection 3-1-6C of this chapter unless
such change is approved by the council, in which event said license shall be continued in force until the
end of the then current license year.
B. Licenses issued to associations or partnerships shall be valid only so long as there is no change in
the partnership or association agreement or in the ownership of said partnership or association unless
such change is approved by the council, in which event said license shall continue in force until the end
of the then current license year.
C. Corporations, partnerships or associations holding licenses shall submit written notice to the
clerk of any such changes described herein on or before thirty (30) days prior to the effective date of any
such change. Notwithstanding the definition of "interest" as given in subsection 3-1-6D of this chapter in
the case of a corporation, the licensee shall notify the clerk when a person not listed in the application
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acquires an interest which, together with that of a spouse, parent, brother, sister or child, exceeds five
percent (5%) and shall give all information about said person as is required of a person pursuant to the
provisions of this chapter.
D. Corporations holding licenses shall submit written notice to the clerk of any change in operating
officers at least thirty (30) days prior to the effective date of such change. The written notice shall
designate the new operating officer and shall contain all of the information about said person as is
required of a single applicant in section 3-1-3-1 of this chapter. The new operating officers shall be
subject to the investigation required by subsection 3-1-5A of this chapter. Investigation fees shall be as
determined by the city council pursuant to subsection 3-1-4F of this chapter.
E. The designation of a new operating officer shall not cause the corporation's license to become
invalid before a decision is rendered by the city council, provided proper notice and application are
made pursuant to subsection D of this section. A proposed new operating officer shall be referred to as
the interim operating officer. In the event an interim operating officer is rejected by the city council, the
corporation shall designate another interim operating officer and make the required application
pursuant to section 3-1-3-1 of this chapter within fifteen (15) calendar days of the council's decision. In
any event, a corporation shall be limited to two (2) successive interim operating officers.
3-1-10 : SPECIAL CONDITIONS: At the time a license renewal is issued, the city may attach special
conditions to the license to protect the welfare of the community. Violation of any of the conditions
shall be grounds for revocation of the license.
3-1-10 : RESTRICTIONS INVOLVING MINORS:
A. No Sale To Minors: No licensee, his agent or employee shall serve or dispense upon the licensed
premises any intoxicating liquor or 3.2 percent malt liquors to a person under the legal drinking age; nor
shall such licensee, or his agent or employee, permit any such person to be furnished or consume any
such liquors on the licensed premises; nor shall such licensee, his agent or employee, permit any such
person to be delivered any such liquors.
B. Delivery To Minors: No person under the legal drinking age shall receive delivery of intoxicating
or 3.2 percent malt liquor.
C. Misrepresenting Age: No minor shall misrepresent his age for the purpose of obtaining
intoxicating liquor or 3.2 percent malt liquor, nor shall he enter any premises licensed for the retail sale
of intoxicating liquor or 3.2 percent malt liquor for the purpose of purchasing or having served or
delivered to him for consuming any such intoxicating liquor or beer, nor shall any such person purchase,
attempt to purchase, consume or have another person purchase for him any intoxicating liquor or 3.2
percent malt liquor.
D. Identification Required: Any person shall, upon demand of the licensee, his employee or agent,
produce and permit to be examined a current driver's license or photo identification issued by the state
department of public safety. In the case of a foreign national, a valid passport may be used as an
alternative to the foregoing methods of identification.
E. Compliance Checks: From time to time, the city shall conduct compliance checks. Such checks
may involve, but are not limited to, engaging underage persons to enter the licensed premises to
attempt to purchase alcohol products.
3-1-11 : LIABILITY INSURANCE:
All applicants for any type of intoxicating liquor, 3.2 percent malt liquor or wine license to be issued or
renewed must, as a condition to the issuance of the license, demonstrate proof of financial
responsibility as defined in Minnesota Statute 340A.409 and with regard to liability imposed by
Minnesota Statutes, section 340A.801, to the city. Proof of financial responsibility may be given by filing
17
one of the following:
A. A certificate that there is in effect for the period of the license an insurance policy or pool
providing the following minimum coverages:
1. One hundred thousand dollars ($100,000.00) because of bodily injury to any one person
in any one occurrence and, subject to the limit for one person, in the amount of three hundred
thousand dollars ($300,000.00) because of bodily injury to two (2) or more persons in any one
occurrence, and in the amount of fifty thousand dollars ($50,000.00) because of injury to or
destruction of property of others in any one occurrence;
2. One hundred thousand dollars ($100,000.00) for loss of means of support of any one
person in any one occurrence, and, subject to the limit of one person, three hundred thousand
dollars ($300,000.00) for loss of means of support of two (2) or more persons in any one
occurrence; or
B. A bond or a surety company with the minimum coverages as provided in subsection A of this
section; or
C. A certificate of the state treasurer that the licensee has deposited with him three hundred fifty
thousand dollars ($350,000.00) in cash or securities which may legally be purchased by savings banks or
for trust funds having a market value of three hundred fifty thousand dollars ($350,000.00).
D. In lieu of the above insurance requirements an applicant for a temporary 3.2 percent malt liquor
license may provide proof of financial responsibility by filing a certificate that there is in effect for the
license period an insurance policy or pool providing at least fifty thousand dollars ($50,000.00) of
coverage because of bodily injury to any one person in any one occurrence, one hundred thousand
dollars ($100,000.00) because of bodily injury to two (2) or more persons in any one occurrence, ten
thousand dollars ($10,000.00) because of injury to or destruction of property of others in any one
occurrence, fifty thousand dollars ($50,000.00) for loss of means of support of any one person in any
one occurrence, and one hundred thousand dollars ($100,000.00) for loss of means of support of two (2)
or more persons in any one occurrence.
3-1-1213 : TEMPORARY LICENSES:
A. Temporary 3.2 Percent Malt Liquor License: The city council may issue a temporary on- sale
license for the sale of 3.2 percent malt liquor to a club, charitable, religious, or nonprofit organization.
The temporary licenses shall be subject to such terms and conditions as the council shall subscribe.
Except where specifically excluded, applicants for temporary licenses shall be subject to the provisions
of this chapter.
B. Temporary Consumption and Display LicenseIntoxicating Liquor License: The city council may
issue to a club or charitable religious or nonprofit organization in existence for at least three (3) years, a
political committee registered under section 10A.14, or a state university, a temporary license for the
on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee.
The license may authorize the on-sale of intoxicating liquor for not more than three four (43)
consecutive days, and may authorize on- sales on premises other than premises the licensee owns or
permanently occupies. The license may provide that the licensee may contract for intoxicating liquor
catering services with the holder of a full year on-sale liquor license issued by a municipality. The
licenses are subject to the terms, including the license fee, normally imposed by the city. The licenses
issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor
except Minnesota Statutes, section 340A.409, dealing with liability insurance. Temporary licenses must
first be approved by the commissioner of public safety before they become valid.
C. Temporary Brewer On-Sale License: The city council may issue to a brewer who meets the
18
qualifications in MS 340A.404 Subd. 10, paragraph (c), a temporary license for the on-sale of intoxicating
liquor in connection with a social event within the municipality sponsored by the brewer. The terms and
conditions specified for Temporary Intoxicating Liquor Licenses under section 3-1-12.B shall apply to a
license issued under this paragraph.
D. One-day Consumption and Display Permit: A one-day permit for the consumption and display of
intoxicating liquor may be issued to a nonprofit organization subject to conditions set forth in MS
340A.414 Subd. 9. The permit must be approved by the public safety commissioner and is valid only for
the day indicated on the permit. The fee for the permit shall be set by Council but may not exceed
amount allowed in MS 340A.414 Subd. 9.
3-1-1315 : ON-SALE LICENSE ON PUBLIC PREMISES:
A. Nature Of Public Premises LicenseSports, Convention or Cultural Facility: The city council may
issue to the holder of an on-sale intoxicating liquor license issued by the city or a municipality adjacent
to the city, a license to allow the dispensing of intoxicating liquor at any convention, banquet,
conference, meeting or social affair conducted on the premises of a sports, convention or cultural
facility owned by the city. The licensee must be engaged to dispense intoxicating liquor at an event held
by a person or organization permitted to use the premises and may dispense intoxicating liquor only to
persons attending the event. The licensee may not dispense intoxicating liquor to any person attending
or participating in an amateur athletic event held on the premises.
B. Community Festivals: The city council may issue to the holder of an on-sale intoxicating liquor
license issued by the city, a license to allow the dispensing of intoxicating liquor off premises at a
community festival held within the municipality. The authorization shall specify the area in which the
intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee
demonstrates that it has liability insurance.
CB. Application Process: Applicants for public premises licenses set forth in subsection A of this
section, shall be subject to the following process:
1.Annual Application: Applicants for a public premises license, which shall be limited to
holders of on-sale intoxicating liquor licenses issued by the city or adjacent municipalities, shall
annually apply to the city for such license. The application shall set forth the applicant's desire
for such license, the nature and duration of its existing on- sale intoxicating liquor license and
contain the license fee set forth in subsection 3-1- 54A of this chapter.
2.Hearing Not Required: No public hearing as set forth in subsection 3-1-65B of this
chapter shall be required for the granting of an on-sale license on public premises.
3.Application Approval: The city council shall approve the application if it determines the
applicant has a duly issued on-sale intoxicating liquor license issued by the city or an adjacent
municipality and if it further determines that the applicant has committed no
violations of municipal ordinances is in good standing with regarding to the applicant's on-sale
intoxicating liquor license.
4.Duration: The license granted under this section shall remain in effect from its issuance
until December 31 of the year in which it is issued. Licenses issued under this section are subject
to annual renewal.
DC. Other Conditions: In addition to the requirements otherwise set forth in this section, public
premises licensees shall be subject to the following conditions:
1.Event Fees: In addition to the annual license fee set forth in subsection 3-1-54A of this
19
chapter, a licensee shall pay a per event fee. Such fee shall be established from time to time by
resolution of the city council. as provided in subsection 3-1-4A of this chapter.
2. Minnesota Products: If a licensee under this section is selling beer for on premises
consumption, the licensee shall make provision for the sale of at least one Minnesota produced
beer at each station on the premises where beer is being sold.
3. Events; Special Conditions: Whenever the city council determines that a specific event
for which the licensee will be providing on-sale intoxicating liquor requires special or unique
conditions, the city council may impose same and the licensee shall abide by all such conditions.
3-1-1416 : OUTDOOR PATIOS AND DECKS:
A. Conditions Under Which Permitted: Service and consumption of alcohol on outdoor patios and
decks in conjunction with an intoxicating liquor "on-sale" license, an "on-sale" wine license, a special
club license, a special license for Sunday sales or a 3.2 percent malt liquor license may be permitted by
the city council under the following conditions:
1. The patio or deck area must be compact and contiguous to the licensed premises and
shall be enclosed with a wrought iron railing that meets standards set forth in this code and final
inspection by the chief building official.
2. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc., must be
provided.
3. Lighting must be sufficient to promote public safety, directed downward, and
compatible with the surrounding area.
4. A buffer zone should be provided between the patio or deck area and adjacent parking
lot. The area surrounding a patio or deck area must be fenced so as to not allow entrance from
outside the fenced area onto the patio or deck area.
5. Smoking may be allowed on the patio or deck area, provided it is in compliance with the
Minnesota "Ffreedom to bBreath aAct of 2007".
6. Music, televisions, bands, amplified sound or any activity that would disturb the peace
of the surrounding area is prohibited on the outdoor patio or deck area. Background music that
does not disturb the peace of the surrounding area is permitted during hours when service of
alcoholic beverages is permitted.
7. The patio or deck area shall be controlled and monitored continuously during the hours
of operation and unruly patrons shall be removed immediately.
8. The hours and days of sale of alcoholic beverages shall be in accordance with this code.
9. Patrons shall not leave the premises with a drink nor can drinks be taken onto a public
sidewalk.
10. The amendment to the licensee's licenses for the outdoor patio or deck area shall be
approved on a provisional basis. The council may revoke, suspend or decline to renew the
license for the patio or deck area portion of the licensed premises on the grounds of failure to
comply with the conditions outlined in the resolution or undue annoyance or burden on nearby
residents.
11. The outdoor patio or deck area must be included in the required liquor liability
insurance for the premises.
12. The city council may impose any additional conditions it deems necessary in the interest
20
of the public health, safety and welfare at the time of initial approval or any renewal of the
license for a patio or deck. The conditions set forth allowing the patio or deck shall be reviewed
during the yearly renewal period.
3-1-15 : LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY
A. The council shall suspend a license for a period not to exceed sixty (60) days, revoke a license, impose
a civil fine not to exceed two thousand dollars ($2,000.00) or impose any combination of these sanctions
for each violation on a finding that the licensee has committed a violation of any of the following:
1.False or misleading statements made on a license application or renewal, or failure to abide
by the commitments, promises or representations made to the city council.
2.Violation of any special conditions under which the license was granted.
3.Violation of any provision of this chapter or other applicable ordinances.
4.Creation of a nuisance on the premises or in the surrounding area.
5.Violation of any state or federal law or regulation controlling the sale of intoxicating liquor or
controlled substances.
6.Lapse of lapse of proof of financial responsibility.
B. The following is the minimum schedule of presumptive civil penalties which must be imposed in
addition to any suspension unless the license is revoked:
1.For the first violation within any three-year period, $500.
2.For the second violation within any three-year period, $1,000.
3.For the third and subsequent violations within any three-year period, $2,000.
C. Inactive License: The city council may revoke the intoxicating liquor or 3.2 percent malt liquor license
of any establishment granted a license that is not under construction and exhibiting satisfactory
progress toward completion within six (6) months from its issuance, or any establishment that ceases
operation for a period of six (6) months. A hearing shall be held to determine what progress has been
made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated,
the council may revoke the license.
D. Hearing Notice: Except in cases of lapse of proof of financial responsibility or liability insurance,
revocation or suspension of a license shall be preceded by a public hearing conducted in accordance
with Minnesota statutes, chapter 14. The city council may appoint a hearing examiner or may conduct a
hearing itself. The City shall give the licensee notice of the hearing at least ten (10) days prior to the
hearing. The notice shall include notice of the time and place of the hearing, and shall state the nature
of the charges against the licensee.
E. Lapse of required proof of financial responsibility shall affect an immediate suspension of any license
issued pursuant to this ordinance 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 ten days.
Any suspension under this division shall continue until the Council determines that the financial
responsibility requirements of state law and this ordinance have again been met.
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F. In the event of a revocation of a license, the licensee must reapply for a license and meet the
requirements for a license under this chapter. In the event that a fine imposed pursuant to this section is
not paid within fifteen (15) days of its imposition by the council, the license shall be suspended until the
fine is paid.
3-1-16 : CONSUMPTION IN PUBLIC SPACES
CA. Open Container iIn Parking Areas: No person shall consume intoxicating liquor or 3.2 percent
malt liquor or have in his possession any bottle or receptacle containing intoxicating liquor or 3.2
percent malt liquor which is open while in the parking area of any shopping center or other commercial
establishment.
B. Liquor in Public Parks: Possession and / or consumption in city parks shall be allowed or prohibited
according to City Code Title 4, Chapter 3, Section 10, as amended, except as permitted by Public
Premises licenses issued in accordance with this chapter, section 13.