Chapter Number 114 Alcoholic Beverages
CHAPTER 114: ALCOHOLIC BEVERAGES
114.20 Licenses required; types generally
114.22 Contents of application
114.26 License term
114.29 Investigation of application, approval of license
114.30 License limited to applicant; nontransferable
114.31 Notification of Department of Public Safety
114.32 Withholding license until building ready for occupancy
114.33 Off-sale intoxicating liquor licenses to be approved by the Department of Public Safety
114.34 Persons ineligible for license
114.35 Premises ineligible for license
114.36 License conditions
114.37 Suspension and revocation
114.38 Special club licenses
114.50 Hours of sale
114.51 Sales in guest rooms of hotels
114.52 Preparation and consumption in unlicensed public place
114.53 Persons to whom sales are illegal
114.54 Sunday on-sale intoxicating liquor
114.55 Bottle clubs
114.56 Drug stores
114.57 Closing time
114.58 Two a.m. closing
� 114.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
3.2% MALT LIQUOR. Any malt beverage with an alcoholic content of more than 0.5% by volume and not more than 3.2% by weight.
BEER STORE. An establishment for the sale of beer, cigar, cigarettes, all forms of tobacco, beverages and soft drinks at retail.
CHURCH. A building which is principally used as a place where persons regularly assemble for the public worship of God.
CLUB. Any corporation duly organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement or for the promotion of sports, where the serving of intoxicated liquor or 3.2% malt liquor is incidental to and not the main purpose of the club, which shall have more than 50 members, and which shall, for more than one year owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodations of its members, and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members, at a meeting held for the purpose, none of whose members, officers, agents or employees are paid, directly or indirectly, any compensation by way of profit from the distribution or sale of beverages to members of the club or to its guests beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. The term SPECIAL CLUB means and includes any club as defined by this section which has been in existence for more than 20 years, and any congressionally chartered veteran�s organization which has been in existence for more than ten years prior to January 1, 1961.
EXCLUSIVE LIQUOR STORE. An establishment used exclusively for the sale, at retail, of intoxicating liquor, 3.2% malt liquor and soft drinks off-sale. Sale of ice, cigars, cigarettes and all forms of tobacco shall be permitted in an EXCLUSIVE LIQUOR STORE. It shall be under the control of an individual owner or manager.
HOTEL. Any establishment having a resident proprietor or manager where, in consideration for payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 50 guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service and which maintains, under the same management and control as the rest of the establishment and has as an integral part thereof a dining room with appropriate facilities for the seating of not less than 30 guests at one time, where the general public are, in consideration for payment therefor, served meals at tables.
INTOXICATING LIQUOR. Ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight.
MANUFACTURER. Every person who is, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces intoxicating liquors or 3.2% malt liquors for sale.
OFF-SALE. The sale of intoxicating liquor or 3.2% malt liquor in the original package in retail stores for consumption off or away from the premises where sold.
ON-SALE. The sale of intoxicating liquor or 3.2% malt liquor by the glass or by the drink for consumption on the premises where sold.
PACKAGE or ORIGINAL PACKAGE. The bottle or sealed container in which the intoxicating liquor or the 3.2% malt liquor is placed by the manufacturer.
RESTAURANT. Any establishment, other than a hotel, under the control of a single proprietor or manager having appropriate facilities for the serving of means to not less than 30 guests at one time and where meals are regularly furnished at tables to the general public and which employs an adequate staff to provide usual and suitable service to its guests and the principal part of the business of which is the serving of foods.
SALE and SELL. All barters and all manners or means of furnishing intoxicating liquor or 3.2% malt liquor, including those in violation or evasion of law.
WHOLESALER. Any person engaged in the business of selling intoxicating liquor or 3.2% malt liquor for resale.
(Prior Code, � 11.01)
� 114.20 LICENSES REQUIRED; TYPES GENERALLY.
No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor without first having received a license to do so as provided in this section. Licenses shall be of seven kinds: on-sale intoxicating liquor, on-sale 3.2% malt liquor, on-sale special club intoxicating liquor, on-sale special club 3.2% malt liquor, off-sale intoxicating liquor, off-sale 3.2% malt liquor and on-sale Sunday intoxicating liquor.
(A) On-sale intoxicating liquor licenses shall be issued only to hotels, clubs, restaurants, bars and lounges.
(B) On-sale 3.2% malt liquor licenses shall be granted only to hotels, clubs, beer stores, restaurants, bars and lounges.
(C) On-sale special club intoxicating liquor and on-sale special club 3.2% malt liquor licenses shall be issued only to special clubs as defined in � 114.01.
(D) Off-sale intoxicating liquor licenses shall be issued only to exclusive liquor stores.
(E) Off-sale 3.2% liquor licenses shall be issued only to exclusive liquor stores and to beer stores as defined in � 114.01.
(F) On-sale Sunday intoxicating liquor licenses shall be issued only to hotels, restaurants and clubs.
(Prior Code, � 11.06)
� 114.21 APPLICATION.
Applications are required:
(A) Upon initial application;
(B) Upon renewal application;
(C) Upon any change of ownership or business control of the licensed premises.
(Prior Code, � 11.07)
� 114.22 CONTENTS OF APPLICATION.
In addition to any information which may be required by the State Department of Public Safety�s form, the application shall contain the following:
(A) Whether the applicant is a natural person, corporation, partnership or other form of organization;
(B) The type of license the applicant seeks;
(C) If the applicant is a natural person, the following:
(1) The true name, place, date of birth and residence address of the applicant;
(2) Whether the applicant has ever used or been known by a name other than his or her present true name, and if so, what was such name or names and information concerning dates and places were used;
(3) 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, and in such case, a copy of the certification as required by M.S. Chapter 333, as it may be amended from time to time, certified by the Clerk of District Court, 2002 shall be attached to the application.
(4) Whether the applicant is married or single. If married, the true name, place and date of birth and residence address of the applicant�s present spouse shall be included;
(5) Whether the applicant and his or her present spouse are registered voters and, if so, where;
(6) All street addresses at which the applicant and his or her present spouse have lived during the preceding ten years;
(7) Kind, name and location of every business or occupation the applicant or his or her present spouse has been engaged in during the preceding ten years;
(8) The names and addresses of the applicant�s and his or her spouse�s employers and partners, if any, for the preceding ten years;
(9) Whether the applicant or his or her spouse has ever been convicted of any felony, crime or violation of this code or any other ordinance or any state statute other than traffic. If so, the applicant shall furnish information as to the time and place of offense for which convictions were had;
(10) Whether the applicant, his or her spouse, a parent, brother, sister or child of either of them has ever been engaged as an employee or in the operating of a saloon, hotel, restaurant, caf�, tavern or other business of similar nature. If so, the applicant shall furnish information as to the time, place and length of time;
(11) Whether the applicant has ever been in military service. If so, the applicant shall, upon request, exhibit all discharge records;
(12) The name, address and business address of each person who is engaged in the state in the business of selling, manufacturing or distributing intoxicating liquor of 3.2% malt liquor and who is nearer of kin to the applicant or his or her spouse than second cousin, whether of the whole or half-blood, computed by the rules of civil law or who is a brother-in-law or sister-in-law of the applicant or his or her spouse;
(a) If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in subsection (3) above. A managing partner or partners shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application and, if the partnership is required to file a certificate as to a trade name under the provisions of M.S. Chapter 333, as it may be amended from time to time, a copy of such certificate certified by the Clerk of District Court shall be attached to the application;
(b) If the applicant is a corporation or other organization:
1. Name, and if incorporated, the state of incorporation;
2. A true copy of the certificate of incorporation, articles of incorporation, a certificate of authority as described in M.S. Chapter 303, as it may be amended from time to time;
3. The name of the manager, proprietor or other agent in charge of the premises to be licensed giving all information about such person as is required of a single applicant in subsection (3) above;
4. Notwithstanding the definition of "interest" as given in � 113.34(G), the application shall contain a list of all persons who, singly or together with their spouse, or a parent, brother, sister or child of either of them, own or control an interest in such corporation or association or who are officers of such corporation or association, together with their addresses and all information as is required of a single applicant in subsection (3) above;
(c) If the application is for an on-sale special club intoxicating liquor or 3.2% malt liquor license, the following information:
1. The name of the club;
2. The date the club was first incorporated. True articles of incorporation, by-laws and the names and street addresses of all officers, executive committees and board of directors shall be submitted;
3. The date that the club was first organized and the place of such organization;
4. A sworn statement that the club has been in existence for more than 20 years or, in the event that the applicant is a Congressionally chartered veterans organization, in existence for more than ten years prior to January 1, 1961. The statement shall be made by a person who has personal knowledge of the facts stated therein. In the event that no such person can make such a statement, satisfactory documentary proof may be submitted in support of such facts;
5. The number of members;
6. The name of the manager, proprietor or other person who shall be in charge of the licensed premises, together with the same information concerning such person as is required of a single applicant for an on-sale license as set forth in subsection (3) above;
(13) The exact legal description of the premises to be licensed, together with a plot plan of the area showing the dimensions, location of buildings, street access, parking facilities and the location of and distance to the nearest church building and school grounds;
(14) The floor number and street number where the sale of intoxicating liquors is to be conducted and the rooms where the liquor is to be sold or consumed. An applicant for an on-sale license shall submit a floor plan of the dining room or dining rooms which shall be open to the public, shall show the dimensions and shall indicate the number of persons intended to be served in each of such rooms;
(15) If a permit from the federal government is required by the laws of the United States, whether or not such permit has been issued, and if so required, in what name the permit has been issued and the nature of the permit;
(16) The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture or stock in trade, the type of such interest, the amount thereof and terms for payment or other reimbursement. This subsection shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lien holders, trustees, trustors and persons who have cosigned notes or otherwise loaned, pledged or extended security for any indebtedness of the applicant;
(17) The names, residences and business addresses of three persons who are residents of the United States, 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;
(18) Whether or not all real estate and personal property taxes for the premises to be licensed have been paid, the years for which delinquent and the amount;
(19) Whenever the applicant for an on-sale license to sell intoxicating liquor or 3.2% malt liquor or for a transfer thereof is for the premises either planned, 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;
(20) Such other information as the City Council shall require.
(Prior Code, � 11.08) (Ord. 02-03, passed 9-15-2003)
� 114.23 RENEWAL.
Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the license and shall be made in such abbreviated form as the City Council may approve. Proposed enlargement, alteration or extension of premises previously licensed shall be reported to the City Administrator at or before the time application is made. If in the judgement of the City Council good and sufficient cause is shown by an applicant for his or her failure to file for a renewal within the time provided, the City Council may, if other provisions of this chapter are complied with, grant the application.
(Prior Code, � 11.09)
� 114.24 EXECUTION.
If the application is by a natural person, it shall be signed and sworn to by such persons; if it is by a corporation, it shall be signed and sworn to by an officer thereof; if it is by a partnership, it shall be signed and sworn to by one of the partners; if it is by an unincorporated association, it shall be signed and sworn to by the manager or managing officer thereof. If the applicant is a partnership the application, license and bond shall be made and issued in the name of all partners.
(Prior Code, � 11.10)
� 114.25 FEES.
The fees for licenses shall be set by resolution of the City Council.
(Prior Code, � 11.11)
� 114.26 LICENSE TERM.
The annual license shall run from January 1 of each year and shall expire at 12:00 midnight of December 31 of each year.
(Prior Code, � 11.12)
� 114.27 PAYMENT.
The annual license fee shall be paid in full before the application for a license is accepted. 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 City Council, the license fee shall be refunded to the applicant, except where rejection is for a willful misstatement in the license application.
(Prior Code, � 11.13)
� 114.28 PRORATED.
Refund for issued licenses:
(A) The fee for an on-sale license granted after the commencement of the license year shall be prorated on a monthly basis. On-sale special club and off-sale licenses shall be prorated on a quarterly basis;
(B) When the license is for a premises where the building is not ready for occupancy, the time for computation of the license fee for the initial license period shall be 90 days after approval of the license by the City Council or upon the date the building is ready for occupancy, whichever is sooner.
(Prior Code, � 11.14)
� 114.29 INVESTIGATION OF APPLICATION, APPROVAL OF LICENSE.
All applications for a license or renewal shall be referred to such city departments as the City Council shall deem necessary for investigation and verification of facts set forth therein. Such departments and individuals shall make written recommendation and report to the City Council, which shall include a list of all violations of federal, state and municipal law. The City Council may in any particular case order and conduct such additional investigation as it shall deem necessary.
(Prior Code, � 11.15)
� 114.30 LICENSE LIMITED TO APPLICANT; NONTRANSFERABLE.
Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person, corporation, partnership or other organization or to another place without the approval of the City Council and without a new application having been filed.
(Prior Code, � 11.16)
� 114.31 NOTIFICATION OF DEPARTMENT OF PUBLIC SAFETY.
The City Administrator shall, within ten days after the issuance of any license under this section, submit to the Department of Public Safety the full name and address of each person granted a license, the trade name, the effective license date and the date of expiration of the license. He or she shall also submit to the Department of Public Safety any change of address, transfer, cancellation or revocation of any license by the City Council during the license period.
(Prior Code, � 11.17)
� 114.32 WITHHOLDING LICENSE UNTIL BUILDING READY FOR OCCUPANCY.
Where a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the City Administrator shall not issue the license until notified by the Building Inspector that the building is ready for occupancy.
(Prior Code, � 11.18)
� 114.33 OFF-SALE INTOXICATING LIQUOR LICENSES TO BE APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY.
Off-sale intoxicating liquor licenses that are approved by the City Council shall not be effective until approved, together with the required bond, by the Department of Public Safety.
(Prior Code, � 11.19)
� 114.34 PERSONS INELIGIBLE FOR LICENSE.
No license shall be granted to or held by any person:
(A) Under the age of 21;
(B) Who is not of good moral character and repute;
(C) Who, if an individual, is an alien;
(D) Who has been convicted of a felony;
(E) Who within five years prior to the date of application has been convicted of any willful violation of any law of the United States, this state or any other state or territory or of any local ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of liquor of whose liquor license has been revoked for any willful violation of any law or ordinance;
(F) Who is a manufacturer or wholesaler of intoxicating liquor or 3.2% malt liquor. No manufacturer or wholesaler shall either directly or indirectly own, control or have any financial interest in an retail business selling intoxicating liquor or 3.2% malt liquor;
(G) Who is directly or indirectly interested in any other establishment in the city to which either an on-sale or off-sale license has been issued under this section. The term INTEREST as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail 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 of selling or leasing merchandise, fixtures or supplies to such establishment or an interest of 10% or less in any corporation holding a license. A person who receives money from time to time directly or indirectly from a 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 any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered;
(H) Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section;
(I) Who is the spouse of a person ineligible for a license pursuant to the provisions of divisions (D), (E) or (G) of this section or who, in the judgement of the City Council, is not the party of interest or beneficial owner of the business operated, or to be operated, under the license;
(J) An on-sale or an off-sale license will not be renewed if, in the case of an individual, the licensee is not a resident of the city at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the city at the time of the date for renewal; or, in the case of a corporation, the manager is not a resident of the city at the time of the date for renewal. The time for establishing residency within the city may, for good cause, be extended by the City Council.
(Prior Code, � 11.20)
� 114.35 PREMISES INELIGIBLE FOR LICENSE.
(A) No license shall be granted or renewed for operation of any premises on which the taxes, assessments or other financial claims of the city are delinquent or unpaid.
(B) No on-sale license shall be granted for a premises located within 1,000 feet of any school or church. The distance to be measured in a straight line from the edge of the parcel or lot upon which the business to be license is located to the nearest point of the parcel or lot upon which the school is located. The erection of a school or church within the prohibited area after an original application has been granted shall not, in and of itself, render such premises ineligible for renewal of the license.
(C) No license shall be granted for any place which has a common entrance or exit between any two establishments, except that the public concourse or public lobby shall not be construed as a common entrance of exit.
(Prior Code, � 11.21)
� 114.36 LICENSE CONDITIONS.
Every license shall be granted subject to this section and all other sections of this chapter and of any other applicable ordinance of the city and of the state law.
(A) The license shall be posted in a conspicuous place in the licensed establishment at all times.
(B) Every licensee shall be responsible for the conduct of his or her place of business and the conditions of sobriety and order in the place of business and on the premises.
(C) No on-sale licensee shall sell intoxicating liquor off-sale and no off-sale licensee shall sell intoxicating liquor or 3.2% malt liquor on-sale nor permit consumption of any intoxicating liquor or 3.2% malt liquor on the licensed premises.
(D) No license shall be effective beyond the space named in the license for which it was granted.
(E) No intoxicating liquor shall be sold, furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 21 years of age or to any person to whom sale is prohibited by state law.
(F) No person under 18 years of age shall be employed in any rooms where on-sales or off-sales are made, except that persons under 18 years of age may be employed as musicians and except that persons under 18 years of age may be employed to perform the duties of a dishwasher in places defined as restaurants or hotels.
(G) No licenses shall keep, possess, operate or permit the keeping, possession or operation of any slot machine, dice or any gambling device or apparatus in the licensed premises, and he or she shall not permit any gambling therein.
(H) No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his or her control to be used as a resort for prostitutes.
(I) No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer, wholesaler or distiller of any intoxicating liquor except as shall be expressly permitted by state law.
(J) No licensee shall sell, offer for sale or keep for sale intoxicating liquors in any original package which has been refilled or partly refilled. No licensee shall directly or through any other person dilute or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor, in the original package, differing in composition or alcoholic content from the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with.
(K) No on-sale liquor establishment shall display liquor to the public during hours when the sale of liquor is prohibited by this section.
(L) No licensee shall apply for or posses a federal wholesale liquor dealers special tax stamp, nor federal gambling stamp, nor federal retail liquor dealers special tax stamp.
(M) No licensee shall keep ethyl alcohol or neutral spirits on any licensed premises or permit their usage on the premises as a beverage or mixed with a beverage.
(N) Every person or entity licensed to sell at retail intoxicating liquor or non-intoxicating malt liquor at on-sale or off-sale shall maintain liability insurance as required by M.S. � 340A.409, as it may be amended from time to time. Such policy must have limits of coverage at least equal to the amounts required by law and the policy must include a provision that the insurer may not cancel the coverage without ten days� written notice to the city.
(Prior Code, � 11.22) (Ord. 02-03, passed 9-15-2003)
� 114.37 SUSPENSION AND REVOCATION.
(A) The City Council may suspend or revoke any license for the sale of intoxicating liquor or the sale of 3.2% malt liquor for the violation of any provision or any condition of this chapter or any federal or state law regulating the sale of intoxicating or 3.2% malt liquor. The City Council shall revoke such license for any willful violation, which under the laws of this state, is ground for mandatory revocation and shall revoke such license for the failure to keep the bond or other deposit required in full force in effect.
(B) After public hearing, which written notice shall be given, the licensee, preceding the hearing by at least ten days and stating the time and place of the hearing and the charges against the licensee, the City Council may revoke or suspend any license for a period of time not exceeding 60 days. Notice of any such hearing shall be published once in a legal newspaper designated by the city at least ten days prior to the hearing.
(Prior Code, � 11.23)
(C) No suspension or revocation shall take effect until the license or permit holder has been given an opportunity for a hearing under M.S. �� 14.57 to 14.69, as it may be amended from time to time, of the Administrative Procedure Act. However, this does not require the city to conduct the hearing before an employee of the office of administrative hearings.
� 114.38 SPECIAL CLUB LICENSES.
No club holding an on-sale intoxicating liquor or 3.2% malt liquor special club license shall sell sale intoxicating liquor or 3.2% malt liquor except to members and bona fide guests of members.
(Prior Code, � 11.24)
� 114.50 HOURS OF SALE.
(A) No sale of non-intoxicating malt liquor shall be made between the hours of 2:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday inclusive. Neither shall any sale of such liquor be made on any Sunday between the hours of 2:00 a.m. and 10:00 a.m., nor after 8:00 p.m. on December 24.
(B) No sale of intoxicating liquor shall be made after 2:00 a.m. on Sunday nor until 8:00 a.m. on Monday. No on-sale of intoxicating liquor shall be made between the hours of 2:00 a.m. and 8:00 a.m. on any weekday, nor shall any on-sale be made after 8:00 p.m. on December 24. No off-sale of intoxicating liquor shall be made before 8:00 a.m. or after 10:00 p.m. on any day.
(C) No off-sale of intoxicating liquor or 3.2% malt liquor shall be made on New Year�s Day, January 1; Thanksgiving Day; or Christmas Day, December 25. On the evenings proceeding such days, if the sale of intoxicating liquor or 3.2% malt liquor is not otherwise prohibited on such evenings, off-sale of intoxicating liquor or 3.2% malt liquor may be made until 10:00 p.m., except that no off-sale of intoxicating liquor or 3.2% malt liquor shall be made on December 24 after 8:00 p.m.
(Prior Code, � 11.02) (Ord. 02-03, passed 9-15-2003)
� 114.51 SALES IN GUEST ROOMS OF HOTELS.
No sale of intoxicating liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for the service of meals in guest rooms, unless the sale of such intoxicating liquor is made in a manner in which on-sales are required to be made, unless such sale accompanies and is incident to the regular service of meals to guests therein and unless the rules of such hotel and the description, location and the number of such guest rooms are fully set out in the application for a license.
(Prior Code, � 11.03)
� 114.52 PREPARATION AND CONSUMPTION IN UNLICENSED PUBLIC PLACE.
No person shall mix or prepare intoxicating liquor or 3.2% malt liquor for consumption or consume such in any public place not licensed in accordance with the code.
(Prior Code, � 11.04)
� 114.53 PERSONS TO WHOM SALES ARE ILLEGAL.
It shall be unlawful for any person to sell, give, barter, furnish deliver or dispose of in any manner either directly or indirectly any intoxicating liquor non-intoxicating malt liquor in any quantity for any purpose whatsoever to any person under the age of 21 years or to any intoxicated person. Whoever shall in any way procure intoxicating liquor non-intoxicating malt liquor for the use of any person named in this section shall be deemed to have sold it to such person.
(Prior Code, � 11.05) (Ord. 02-03, passed 9-15-2003) Penalty, see � 10.99
� 114.54 SUNDAY ON-SALE INTOXICATING LIQUOR.
(A) Special licenses. The City Council of the City of Mountain Iron may grant special licenses for the sale of intoxicating liquors at on-sale on Sunday to any establishment in the city which is a hotel or a restaurant as defined in M.S. Chapter 340A.101, as it may be amended from time to time, and which establishments have facilities for servicing not less than 30 guests at any one time, and which establishments have been or may after be issued as on-sale licenses for the sale of intoxicating liquors.
(B) Hours of Sunday sales. Such establishments may serve intoxicating liquors on Sunday between the hours of 10:00 a.m. Sunday and 2:00 a.m. on Monday in conjunction with serving food; provided that if such establishments arc in conformance with Minnesota Clean Air Act, such establishments may serve intoxicating liquors on Sunday between 10:00 a.m. on Sunday and 2:00 a.m. on Monday in conjunction with the sale of food.
(C) Conditions of sale. No such sale of intoxicating liquors on Sundays may be made except in conjunction with serving food.
(D) Licenses. It is unlawful for any such establishment, directly or indirectly, to sell or serve such intoxicating liquors herein above provided without first having obtained a special license to do so. Such special license may be issued by the city for a period of one year and such special license may be revoked at any time for cause.
(E) Application. Application for such special license shall be made to the city in the same manner as applications for other licenses to sell intoxicating liquors are made. Each such application shall be accompanied by a fee determined each year by the City Council, which shall be the fee per calendar year or any fraction thereof.
(Prior Code, � 11.25) (Ord. 02-03, passed 9-15-2003) Penalty, see � 10.99
� 114.55 BOTTLE CLUBS.
Any bottle club which holds a permit issued pursuant to M.S. � 340A.414, as it may be amended from time to time, and which is located within the city limits must pay a fee determined by resolution of the City Council as a condition precedent to operating within the city limits. The year shall run from April 1 through March 31 of the following calendar year.
(Prior Code, � 11.27, Subd. 1)
� 114.56 DRUG STORES.
No license shall be granted for any person who operated a drug store until such person shall have operated such store continuously for a period of two years or shall have purchased a drug store that has been in continuous operation for two years or more.
(Prior Code, � 11.27, Subd. 2)
� 114.57 CLOSING TIME.
Any premises holding and on-sale sale intoxicating liquor of non-intoxicating malt liquor or special club license and any bottle club as defined in M.S. � 340A.414, as it may be amended from time to time, shall vacate patrons from its establishment no later than 2:30 a.m. No patrons shall be allowed to consume or display the sale of intoxicating liquor or non-intoxicating malt liquor within any such establishment after 2:30 a.m.
(Prior Code, � 11.27, Subd. 3) (Ord. 02-03, passed 9-15-2003)
� 114.58 TWO A.M. CLOSING.
(A) Any on-sale liquor license holder wanting to extend their hours of operation from 1:00 a.m. to 2:00 a.m. must apply to the city, on forms prescribed by the city, to request an extension of hours of operation from 1:00 a.m. to 2:00 a.m.
(B) Any additional fees for such extension as described in this section shall be set by a resolution of the City Council.
(Ord. 02-03, passed 9-15-2003)
� 114.98 VIOLATIONS.
Every person who violates this section is subject to all penalties provided for such violation. Except where a different, specific or more particular penalty is provided or allowed with respect to any offense, any person guilty of a violation of this chapter shall be convicted of such offense and be punished as set forth in � 10.99 for each offense of which he or she is convicted or both. Whenever a different, specific or more particular penalty is provided, allowed or required with respect to a conviction of any certain offense, then such penalty shall be imposed in place of the general penalty as is provided herein. Each separate violation of this chapter is a separate offense and the continued violation by a person of any one same offense with knowledge thereof is a separate offense for each day of such continued violation. Every person who gives or furnishes to the city a false or untrue statement to be relied upon in granting of a permit or license shall be subject to the penalties provided for in this section.
(Prior Code, � 11.26)
� 114.99 PENALTY.
(A) Any person violating the provisions of this chapter or M.S. Chapter 340A as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time is guilty of a misdemeanor and upon conviction shall be punished as provided by law.
(B) The Council shall impose a civil penalty of up to $2,000 for each violation of M.S. Chapter 340A, as it may be amended from time to time, and of this chapter. Conviction of a violation in a court of law is not required in order for the Council to impose the civil penalty. A hearing under the Administrative Procedures Act, M.S. �� 14.57 to 14.70, as it may be amended from time to time, is not required before the penalty is imposed, but the Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak. Non-payment of the penalty is grounds for suspension or revocation of the license. 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) The term "violation" as used in this section includes any and all violations of the provisions of this chapter, or of M.S. Chapter 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time. The number of violations shall be determined on the basis of the history of violations for the preceding three-year period. Revocation shall occur within 60 days following a violation for which revocation is imposed.