TITLE XI: BUSINESS REGULATIONS
110. GENERAL LICENSING PROVISIONS
111. COMMERCIAL AMUSEMENTS
112. LIQUOR REGULATIONS
113. PEDDLERS AND SOLICITORS
114. TATTOO AND BODY PIERCING SERVICES
115. TOBACCO REGULATIONS
116. REGULATING LAWFUL GAMBLING
117. GARAGE AND RUMMAGE SALES
118. REGULATION OF PUBLIC DANCES AND SPECIAL EVENTS
119. SEXUALLY ORIENTED BUSINESSES
Minnesota Basic Code - Business Regulations
CHAPTER 110: GENERAL LICENSING PROVISIONS
110.01 Licenses required to engage in certain businesses
110.02 Application for license
110.03 Issuance of license
110.04 Date and duration of license
110.05 License not transferable
110.06 License certificate to be displayed
110.07 Revocation or suspension
110.08 Appeal and review
' 110.01 LICENSES REQUIRED TO ENGAGE IN CERTAIN BUSINESSES.
No person shall engage in any of the trades, businesses, or professions for which licenses are required by Title XI of this code or by any other ordinance of the city or provision of this code without first applying for and obtaining a license from the City Clerk or other duly authorized issuing authority.
Penalty, see ' 10.99
' 110.02 APPLICATION FOR LICENSE.
(A) All original applications for licenses, unless otherwise specifically provided, shall be made to the City Clerk or other authorized official in writing upon forms to be furnished by him or her and shall contain:
(1) The applicant's full name, address, and telephone number, and the full name of each officer, partner or business associate, if applicable;
(2) His or her present occupation and principal place of business;
(3) His or her place of residence for the preceding five years;
(4) The nature and location of the intended business or enterprise;
(5) The period of time for which the license is desired;
(6) A description of the merchandise, goods or services to be sold;
(7) If a motor vehicle is to be used, a full description of the motor vehicle, including the make, model, year, color, license number, and vehicle registration (VIN) number of the vehicle.
(8) Other information concerning the applicant and his or her business as may be reasonable and proper, having regard to the nature of the license desired.
(B) Any change in the information required by division (A) of this section must be reported to the City Clerk or other authorized official within 14 days of that change.
(C) Renewal of an annual license may be granted to a licensee in good standing on the basis of the original application, unless otherwise provided. However, if a request for renewal is not submitted to the City Clerk or other authorized official within 21 days after the date of expiration for the preceding license, the applicant must fill out an original application.
(D) With each original or renewal application, the applicant shall deposit the fee required for the license requested.
(E) It shall be unlawful to knowingly make any false statement or representation in the license application.
Penalty, see ' 10.99
' 110.03 ISSUANCE OF LICENSE.
Upon receipt of an application for a license, accompanied by the proper fee if approval by another officer or department is not required, the City Clerk, shall deposit the fee in the general fund of the city and issue to the applicant a proper license certificate signed by the City Clerk.
' 110.04 DATE AND DURATION OF LICENSE.
A license shall not be valid beyond the expiration date therein specified and, unless otherwise provided, shall not extend beyond December 31 of the year issued. However, at any time after December 1, licenses may be issued for the next calendar year. Unless otherwise specified, the full annual fee will be required of licensees irrespective of the date of issuance of the license.
' 110.05 LICENSE NOT TRANSFERABLE.
Every license shall be issued to a real party in interest in the enterprise or business, and unless otherwise provided, no license shall be assigned or transferred.
Penalty, see ' 10.99
' 110.06 LICENSE CERTIFICATE TO BE DISPLAYED.
Every licensee carrying on business at a fixed location shall keep posted in a prominent place upon the premises the license certificate. Other licensees shall carry their licenses at all times, and whenever requested by any officer or citizen, shall exhibit the license.
Penalty, see ' 10.99
' 110.07 REVOCATION OR SUSPENSION.
(A) Any license may be suspended or revoked by the City Clerk or City Council at any time for the following reasons:
(1) For conditions or considerations which, had they existed at the time of issuance, would have been valid grounds for its denial;
(2) For any misrepresentation of a material fact in the application discovered after issuance of the license;
(3) For any misrepresentation or materially false statement made in the course of carrying on the trade, business or profession;
(4) For violation of any provision of this chapter or other federal, state or municipal law or ordinance relating to the operation of the business or enterprise for which the license has been issued; or
(5) Upon conviction of a licensee for any federal, state or municipal law or ordinance involving the creation of a nuisance, a breach of the peace, interference with the rights of property owners, or any other offense constituting a threat to the public health, safety, morals or general welfare of the public.
(B) The suspension or revocation shall become effective upon notice served upon the licensee. The notice shall contain a written summary of the reasons for the suspension or revocation and a statement concerning the right to appeal the decision. The notice shall be delivered by certified mail, return receipt requested, to the address given on the licensee's application.
' 110.08 APPEAL AND REVIEW.
In case any applicant has been denied a license by the City Clerk, or if his or her license has been suspended or revoked by the City Clerk, the applicant or licensee shall within ten business days have the right to appeal to the City Council from the denial, suspension or revocation. Notice of appeal shall be filed in writing with the City Clerk or other authorized official. Notice of appeal shall be filed in writing with the City Clerk. Unless a regular meeting of the City Council at which the appeal can be heard is scheduled within 21 days after receiving the notice of appeal, the Mayor shall schedule a special meeting of the City Council for the hearing within the 21?day period. Three members of the City Council shall constitute a quorum to hear the appeal. The appellant may appear and be heard in person or by counsel. If, after hearing, a majority of the members of the City Council present at the meeting declare in favor of the applicant, the license shall be issued or fully reinstated as the case may be; otherwise the suspension or revocation shall become final.
CHAPTER 111: COMMERCIAL AMUSEMENTS
111.01 Bowling; billiards and pool
111.02 Circuses, carnivals, shows and other entertainment
111.03 Amusement devices
111.04 Deposit required
111.05 License fee for public entertainment or exhibition
111.06 Amusement rides
' 111.01 BOWLING; BILLIARDS AND POOL.
Each proprietor of a billiard or pool table or of a bowling alley, or a combination of both, shall pay an annual license fee in an amount established in the Ordinance Establishing Fees and Charges adopted pursuant to ' 30.11, as it may be amended from time to time.
Penalty, see ' 10.99
' 111.02 CIRCUSES, CARNIVALS, SHOWS AND OTHER ENTERTAINMENT.
(A) (1) Pursuant to M.S. ' 437.07, as it may be amended from time to time, each person, desiring to conduct, stage or give a circus, carnival, theatrical exhibition, public show, athletic game or other entertainment, for which there is a charge for admission, shall first obtain a license and pay the license fee or fees as established by the Ordinance Establishing Fees and Charges adopted pursuant to ' 30.11 of this code, as that ordinance may be amended from time to time.
(2) Local school entertainment, charitable organizations, lecture courses, and lectures on historic, literary or scientific subjects are not subject to the provisions of this section; provided, that the entertainment is not for profit.
(B) In addition to any other requirements, the applicant for a license shall give at least one week's notice in writing to the City Clerk or other authorized official, stating the dates of the performances and the location at which the performances are to be presented. The City Clerk shall give his or her consent to the issuance of the license if he or she deems that the location is suitable for the purpose; that it will properly accommodate the patrons; that the nature of the performance or exhibition does not pose a threat to the health, safety or general welfare of the public; and that the use of the location will not create too great a burden upon the Police Department or the Fire Department.
(C) No circus, carnival, theatrical exhibition, public show, athletic game or other entertainment shall be given for more than two consecutive days, except in cases where the City Council by resolution allows a longer period, or where the exhibition is to be conducted on municipal property and the use thereof for a longer period shall have been approved by the City Council.
Penalty, see ' 10.99
' 111.03 AMUSEMENT DEVICES.
(A) The term Acoin-operated mechanical amusement device@ means any machine, which upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines, mechanical rides intended for use by children, such as merry-go-rounds, horses, ferris wheels, and the like; carnival, fair, and/or festival rides, and all similar games, operations or transactions under whatever name they may be indicated.
(B) A person, firm, corporation or association must not display for public use any coin-operated mechanical amusement device without obtaining a license for it and paying the fee established in the Ordinance Establishing Fees and Charges adopted pursuant to ' 30.11 of this code, as that ordinance may be amended from time to time. Applications for a license must be made to the City Clerk.
(C) The license or licenses obtained must be posted permanently and conspicuously at the location of the machine in the premises where the machine is to be operated.
Penalty, see ' 10.99
' 111.04 DEPOSIT REQUIRED.
(A) At the time application for a license is made, where use of municipal grounds is contemplated, the applicant shall deposit with the City Clerk or other designated municipal official a cash bond in an amount to be determined by the City Council, conditioned upon the restoration and cleaning up of the grounds in a manner satisfactory to the Mayor. In the event the grounds are restored and cleaned up properly following the exhibition, the deposit shall be returned; otherwise the same shall be forfeited to the city to the extent of actual costs to the city for restoration and cleaning up of the grounds.
(B) No licensee shall fail to restore or clean up the grounds upon which the circus, carnival or other entertainment has taken place.
Penalty, see ' 10.99
' 111.05 LICENSE FEE FOR PUBLIC ENTERTAINMENT OR EXHIBITION.
The fee for the license shall be in an amount as established in the Ordinance Establishing Fees and Charges adopted pursuant to ' 30.11 of this code, as that ordinance may be amended from time to time.
' 111.06 AMUSEMENT RIDES.
(A) For the purposes of this section AMUSEMENT RIDE shall mean a mechanical device that carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement subject to regulation under M.S. ' 184B.01 through ' 184B.09, as it may be amended from time to time. AMUSEMENT RIDE does not include:
(1) A coin?operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator; or
(2) Nonmechanized playground equipment, including but not limited to swings, seesaws, stationary spring?mounted animal features, rider?propelled merry?go?rounds, climbers, playground slides, trampolines, and physical fitness devices;
(3) Any other amusement device regulated under ' 111.03 of this code, as that ordinance may be amended from time to time.
(B) A person, firm, corporation or association must not operate an amusement ride without first obtaining a license under ' 111.02 of this code, as that ordinance may be amended from time to time and providing the City Clerk with a copy of:
(1) A certificate stating that the insurance required by M.S. ' 184B.02, as it may be amended from time to time, is in effect; and
(2) An affidavit attesting that the inspection required by M.S. ' 184B.03, as it may be amended from time to time, has been performed. The City Clerk, upon receipt shall furnish such information to the local law enforcement office.
CHAPTER 112: LIQUOR REGULATIONS
112.01 Adoption of state law by reference
112.02 City may be more restrictive than state law
112.04 Nudity on the premises of licensed establishments prohibited
112.05 Consumption in public places
112.20 Number of licenses which may be issued
112.21 Term and expiration of licenses
112.22 Kinds of liquor licenses
112.23 License fees; pro rata
112.24 Council discretion to grant or deny a license
112.25 Application for license
112.26 Description of premises
112.27 Applications for renewal
112.28 Transfer of license
112.30 Hearing and issuance
112.31 Restrictions on issuance
112.32 Conditions of license
112.33 Hours and days of sale
112.34 Minors on premises
112.35 Restrictions on purchase and consumption
112.36 Suspension and revocation
Municipal Liquor Stores
112.50 Application of this subchapter
112.51 Existing municipal stores continued
112.54 Proof of financial responsibility
112.55 Issuance of other licenses
' 112.01 ADOPTION OF STATE LAW BY REFERENCE.
The provisions of M.S. Ch. 340A, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to 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 hereby adopted by reference and are made a part of this Chapter as if set out in full. It is the intention of the City Council that all future amendments to M.S. Ch. 340A are hereby adopted by reference or referenced as if they had been in existence at the time this Chapter is adopted.
' 112.02 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW.
The Council is authorized by the provisions of M.S. ' 340A.509, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Ch. 340A, as it may be amended from time to time.
' 112.03 DEFINITIONS.
In addition to the definitions contained in M.S. ' 340A.101, as it may be amended from time to time, the following terms are defined for purposes of this chapter:
LIQUOR. As used in this chapter, without modification by the words Aintoxicating@ or A3.2 percent malt,@ includes both intoxicating liquor and 3.2 percent malt liquor.
RESTAURANT. An eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. To be a Arestaurant@ as defined by this section, an establishment shall have a license from the state as required by M.S. ' 157.16, as it may be amended from time to time, and meet the definition of either a Asmall establishment,@ Amedium establishment@ or Alarge establishment@ as defined in M.S. ' 157.16, Subd. 3d, as it may be amended from time to time. An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall not be considered to be a restaurant for purposes of this chapter unless it meets the definitions of Asmall establishment@, Amedium establishment@ or Alarge establishment.@
' 112.04 NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS PROHIBITED.
(A) The City Council finds that it is in the best interests of the public health, safety, and general welfare of the people of the city that nudity is prohibited as provided in this section on the premises of any establishment licensed under this chapter. This is to protect and assist the owners, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this chapter, as set forth in this section, reflects the prevailing community standards of the city.
(B) It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material.
(C) A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the imposition of a civil penalty under the provisions of ' 112.99(B).
Penalty, see ' 112.99
' 112.05 CONSUMPTION IN PUBLIC PLACES.
No person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this chapter, in a municipal liquor dispensary if one exists in the city, or where the consumption and display of liquor is lawfully permitted.
Penalty, see ' 112.99
' 112.20 NUMBER OF LICENSES WHICH MAY BE ISSUED.
State law establishes the number of liquor licenses that a city may issue. However, the number of licenses which may be granted under this chapter is limited to the number of license which were issued as of the effective date of this chapter, even if a larger number of licenses are authorized by law or election. The Council in its sound discretion may provide by ordinance that a larger number of licenses may be issued up to the number of licenses authorized by M.S. Ch. 340A, as it may be amended from time to time. If a larger number of licenses in a particular category has been authorized by a referendum held under the provisions of M.S. ' 340A.413, Subd. 3, as it may be amended from time to time, but not all of them have been issued, the larger number of licenses is no longer in effect until the Council by ordinance determines that any or all of the licenses may be issued. The Council is not required to issue the full number of licenses that it has available.
' 112.21 TERM AND EXPIRATION OF LICENSES.
Each license shall be issued for a maximum period of one year. All licenses, except temporary licenses, shall expire on December 31 of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Consumption and display permits issued by the Commissioner of Public Safety, and the accompanying city consent to the permit, shall expire on March 31 of each year.
' 112.22 KINDS OF LIQUOR LICENSES.
The Council of a city that does not have a municipal liquor store is authorized to issue the following licenses and permits, up to the number specified in ' 112.20. The Council of a city which has a municipal liquor store is authorized to issue only those licenses specified in ' 112.55.
(A) 3.2 percent malt liquor on-sale licenses, which may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks.
(B) 3.2 percent malt liquor off-sale license.
(C) Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization.
(D) Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off-sale license which was first issued on or before May 1, 1994. The fee for an off-sale intoxicating liquor license established by the Council under ' 112.23 shall not exceed $100 or a greater amount which may be permitted by M.S. ' 340A.408, Subd. 3, as it may be amended from time to time.
(E) On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by M.S. ' 340A.101, as it may be amended from time to time, and this chapter: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans organizations, and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under ' 112.23 shall not exceed the amounts provided for in M.S. ' 340A.408, Subd. 2b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off licensed premises at a community festival held within the city under the provisions of M.S. ' 340A.404, Subd. 4b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the city, under the provisions of M.S. ' 340A.404, Subd. 4a, as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises.
(F) Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a general or special election as provided by M.S. ' 340A.504, Subd. 3, as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in ' 112.03, club, bowling center, or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license, which shall be established by the Council under the provisions of ' 112.23, shall not exceed $200, or the maximum amount provided by M.S. ' 340A.504, Subd. 3c, as it may be amended from time to time.
(G) Combination on-sale/off-sale intoxicating liquor licenses if the city has a population less than 10,000.
(H) Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than four consecutive days, and the city shall issue no more than 12 days worth of temporary licenses to any one organization in one calendar year.
(I) On-sale wine licenses, with the approval of the Commissioner of Public Safety to: theaters, restaurants that have facilities for seating at least 25 guests at one time and meet the criteria of M.S. ' 340A.404, Subd. 5, as it may be amended from time to time, and which meet the definition of restaurant in ' 112.03; and to licensed bed and breakfast facilities which meet the criteria in M.S. ' 340A.401, Subd. 1, as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of ' 112.23 shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license.
(J) One day consumption and display permits with the approval of the Commissioner of Public Safety to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization.
(K) Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety. The maximum amount of the additional fee which may be imposed by the Council on a person who has been issued a consumption and display permit under the provisions of ' 112.23 shall not exceed $300, or the maximum amount permitted by M.S. ' 340A.14, Subd. 6, as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year.
(L) Culinary class limited on-sale licenses may be issued to a business establishment not otherwise eligible for an on-sale intoxicating liquor license that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or 12 ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only.
(M) Temporary off?sale wine licenses, with the approval of the Commission of Public Safety, may be issued for the off?sale of wine at an auction. A license issued under this subdivision authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three consecutive days provided not more than 600 cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by ' 112.23.
(N) Brew pub on-sale intoxicating liquor or on-sale 3.2% malt liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at M.S. ' 340A.301, Subd. 6(d) and 7(b), as it may be amended from time to time. Sales under this license at on?sale may not exceed 3,500 barrels per year. If a brew pub licensed under this section possesses a license for off-sale under division (O) below, the brew pub=s total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
(O) Brewer off-sale intoxicating liquor license, with the approval of the Commissioner of Public Safety, may be issued to a brewer that is a licensee under division (N) above or that produces fewer than 3,500 barrels of malt liquor in a year and otherwise meets the criteria established as M.S. ' 340A.301, Subd. 6(d) and 7(b), as it may be amended from time to time. Off?sale of malt liquor shall be limited to the legal hours for off?sale at exclusive liquor stores in the city. Malt liquor sold off?sale must be removed from the premises before the applicable off?sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by M.S. ' 340A.301, Subd. 7 as it may be amended from time to time. Sales under this license may not exceed 500 barrels per year. If a brewer licensed under this section possesses a license under division (N) above, the brewer=s total retail sales at on?sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
(P) Brewer temporary on-sale intoxicating liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer.
' 112.23 LICENSE FEES; PRO RATA.
(A) No license or other fee established by the city shall exceed any limit established by M.S. Ch. 340A, as it may be amended from time to time, for a liquor license.
(B) The Council may establish from time to time in the Ordinance Establishing Fees and Charges the fee for any of the liquor licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this chapter. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing.
(C) The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a quarterly basis.
(D) All license fees shall be paid in full at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant.
(E) A refund of a pro rata share of an annual license fee may occur only if authorized by M.S. ' 340A.408, Subd. 5, as it may be amended from time to time.
(F) Off-sale intoxicating liquor licensees may request a reduction in their annual license fee by the amount specified in M.S. ' 340A.408 if at the time of initial application or renewal they:
(1) Agree to have a private vendor approved by the city train all employees within 60 days of hire and annually thereafter in laws pertaining to the sale alcohol, the rules for identification checks, and the responsibilities of establishments serving intoxicating liquors;
(2) Post a policy requiring identification checks for all persons appearing to be 30 years old or less;
(3) Establish a written cash award and incentive program to award employees who catch underage drinkers and a written penalty program to punish employees in the event of a failed compliance check;
(4) Failure to abide by the provisions of this division may result in suspension of the license
until the conditions of the fee reduction are met and may result in suspension and/or revocation of the license pursuant to ' 112.36 of this chapter.
' 112.24 COUNCIL DISCRETION TO GRANT OR DENY A LICENSE.
The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this chapter.
' 112.25 APPLICATION FOR LICENSE.
(A) Form. Every application for a license issued under this chapter shall be on a form provided by the city. Every application shall state the name of the applicant, the applicant's age, representations as
to the applicant's character, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an application.
(B) Financial responsibility. Prior to the issuance of any license under this chapter, the applicant shall demonstrate proof of financial responsibility as defined in M.S. ' 340A.409, as it may be amended from time to time, with regard to liability under M.S. ' 340A.801, as it may be amended from time to time. This proof will be filed with the city and the Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. ' 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this chapter without having on file with the city at all times effective proof of financial responsibility is a cause for revocation of the license.
Penalty, see ' 112.99
' 112.26 DESCRIPTION OF PREMISES.
The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. The description may not include any parking lot or sidewalk.
' 112.27 APPLICATIONS FOR RENEWAL.
At least 90 days before a license issued under this chapter is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests within the sound discretion of the Council. No licensee has a right to have the license renewed.
' 112.28 TRANSFER OF LICENSE.
No license issued under this chapter may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply.
Penalty, see ' 112.99
' 112.29 INVESTIGATION.
(A) Preliminary background and financial investigation. On an initial application for a license, on an application for transfer of a license and, in the sound discretion of the Council that it is in the public interest to do so, on an application for renewal of a license, the city shall conduct a preliminary background and financial investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee of $500 which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.
(B) Comprehensive background and financial investigation. If the results of a preliminary investigation warrant, in the sound discretion of the Council, a comprehensive background and financial investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background and financial investigation to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, if the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license.
' 112.30 HEARING AND ISSUANCE.
The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background and financial investigations. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the Council shall in its sound discretion grant or deny the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety.
' 112.31 RESTRICTIONS ON ISSUANCE.
(A) Each license shall be issued only to the applicant for the premises described in the application.
(B) Not more than one license shall be directly or indirectly issued within the city to any one person.
(C) No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the city are delinquent and unpaid.
(D) No license shall be issued for any place or any business ineligible for a license under state law.
(E) No license shall be issued to any person who is not a resident of the state. If the applicant is a corporation, all of the shareholders shall be residents of the state. The provisions of this division (E) shall not apply to any license existing on the effective date of this chapter or to the renewal of an existing license.
(F) No license shall be granted within 500 feet of any school or church. The distance is to be measured from the closest side of the church to the closest side of the structure on the premises within which liquor is to be sold.
Penalty, see ' 112.99
' 112.32 CONDITIONS OF LICENSE.
The failure of a licensee to meet any one of the conditions of the license specified below shall result in a suspension of the license until the condition is met.
(A) Within 90 days after employment, every person selling or serving liquor in an establishment which has an Aon-sale@ license shall receive training regarding the selling or serving of liquor to customers. The training shall be provided by an organization approved by the Council. Proof of training shall be provided by the licensee.
(B) Every licensee is responsible for the conduct of the place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee.
(C) Every licensee shall allow any peace officer, health officer, city employee, or any other person designated by the Council to conduct compliance checks and to otherwise enter, inspect, and search the premises of the licensee during business hours and after business hours during the time when customers remain on the premises without a warrant.
(D) No on-sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
(E) Compliance with financial responsibility requirements of state law and of this chapter is a continuing condition of any license.
(F) Failure by an off-sale intoxicating liquor licensee who has received a fee reduction pursuant to ' 112.23(F) of this chapter to abide with the provisions of ' 112.23(F).
Penalty, see ' 112.99
' 112.33 HOURS AND DAYS OF SALE.
(A) The hours of operation and days of sale shall be those set by M.S. ' 340A.504, as it may be amended from time to time, except that the City Council may, by resolution or ordinance, provide for more restrictive hours than state law allows.
(B) No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur.
(C) No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool, or other place where customers are served, more than 30 minutes after the time when a sale can legally occur.
(D) No person, other than the licensee and any employee, shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur.
(E) Any violation of any condition of this section may be grounds for revocation or suspension of the license.
Penalty, see ' 112.99
' 112.34 MINORS ON PREMISES.
(A) No person under the age of 18 years shall be employed in any rooms constituting the place in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale, except that persons under the age of 18 may be employed as musicians or to perform the duties of a bus person or dishwashing services in places defined as a restaurant, hotel, motel or other multi-purpose building serving food in rooms in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale.
(B) No person under the age of 21 years may enter a licensed establishment except to work, consume meals on premises that qualify as a restaurant, or attend social functions that are held in a portion of the premises where liquor is not sold.
Penalty, see ' 112.99
' 112.35 RESTRICTIONS ON PURCHASE AND CONSUMPTION.
No person shall mix or prepare liquor for consumption in any public place of business unless it has a license to sell on-sale, or a permit from the Commissioner of Public Safety under the provisions of M.S. ' 340A.414, as it may be amended from time to time, which has been approved by the Council, and no person shall consume liquor in any such place.
Penalty, see ' 112.99
' 112.36 SUSPENSION AND REVOCATION.
(A) The Council shall either suspend for a period not to exceed 60 days or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation, or provision of this chapter relating to liquor. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S. '' 14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body under that act, or it may contract with the Office of Hearing Examiners for a hearing officer.
(B) The following are the minimum periods of suspension or revocation which shall be imposed by the Council for violations of the provisions of this chapter or M.S. Ch. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time:
(1) For commission of a felony related to the licensed activity, sale of alcoholic beverages while the license is under suspension, sale of intoxicating liquor where the only license is for 3.2 percent malt liquor, or violation of ' 112.04, the license shall be revoked.
(2) The license shall be suspended by the Council after a finding under division (A) that the licensee has failed to comply with any applicable statute, rule, or provision of this chapter for at least the minimum periods as follows:
(a) For the first violation within any three-year period, at least one day suspension in addition to any criminal or civil penalties which may be imposed.
(b) For a second violation within any three-year period, at least three consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
(c) For the third violation within any three-year period, at least seven consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
(d) For a fourth violation within any three-year period, the license shall be revoked.
(3) The Council shall select the day or days during which the license will be suspended.
(C) Lapse of required proof of financial responsibility shall effect an immediate suspension of any license issued pursuant to this chapter or state law without further action of the Council. Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or of suspension or revocation of a license may request a hearing thereon and, if a request is made in writing to the Clerk, a hearing before the Council shall be granted within ten days. Any suspension under this division (B) shall continue until the Council determines that the financial responsibility requirements of state law and this chapter have again been met.
(D) The provisions of ' 112.99 pertaining to administrative penalty may be imposed in addition to or in lieu of any suspension or revocation under this chapter.
Penalty, see ' 112.99
MUNICIPAL LIQUOR STORES
' 112.50 APPLICATION OF THIS SUBCHAPTER.
This subchapter, consisting of '' 112.50 through 112.55, applies only to a city that has in existence on the effective date of this chapter a municipal liquor store.
' 112.51 EXISTING MUNICIPAL STORES CONTINUED.
If the city has in existence on the effective date of this chapter a municipal liquor store for the sale of intoxicating liquor, the store is continued. Except as provided in ' 112.55, no intoxicating liquor may be sold at retail elsewhere in the city.
Penalty, see ' 112.99
' 112.52 LOCATION.
The municipal liquor store shall be located at a suitable place in the city as the Council determines by motion. However, no premises upon which taxes, assessments, or other public charges are delinquent shall be leased for municipal liquor store purposes. The Council shall have the right to establish additional off-sale and on-sale stores at other locations as it may, from time to time, by motion, determine.
' 112.53 OPERATION.
(A) Manager. The municipal liquor store shall be in the immediate charge of a Liquor Store Manager selected by the Council and paid compensation as is fixed by the Council. The Manager shall not be a person who would be prohibited by law or any provision of this chapter from being eligible for an intoxicating liquor license. The Manager shall furnish a surety bond to the city, conditioned upon the faithful discharge of the duties of the office, in a sum as specified by the Council. The bond premium may be paid by the city or the Manager, in the discretion of the Council. The Manager shall operate the municipal liquor store under the Council's direction and shall perform those duties in connection with the store as may be established by the Council. The Manager shall be responsible to the Council for the conduct of the store in full compliance with this chapter and with the laws relating to the sale of intoxicating liquor and 3.2 percent malt liquor.
(B) Other employees. The Council may also appoint additional employees as may be required and shall fix their compensation. All employees, including the Manager, shall hold their positions at the pleasure of the Council. No person under the age of 18 shall be employed in the store. The Council may require the employees to furnish surety bonds conditioned for the faithful discharge of their duties in a sum as specified by the Council. The premium on the bond may be paid by the city or the employees, as the Council determines.
(C) Municipal liquor store fund. All of the revenues received from the operation of a municipal liquor store shall be deposited in a municipal liquor store fund from which all ordinary operating expenses, including compensation of the Manager and employees, shall be paid. Surpluses accumulating in the fund may be transferred to the general fund of the city or to any other appropriate fund of the city by resolution of the Council, and may be expended for any municipal purpose. The handling of municipal liquor store receipts and disbursements shall comply with the procedure prescribed by law and charter for the receipts and disbursements of city funds generally.
(D) Financial statement. The Council shall provide within 90 days following the end of the calendar year for publication a balance sheet using generally accpeted accounting procedures and a statement of operations of the municipal liquor store for that year. The balance sheet and statement shall be published in accordance with the provisions of M.S. '471.6985, as it may be amended from time to time.
(E) Hours of operations. The hours during which the sale of intoxicating liquor may be sold shall be as provided in '112.33. No person, other than the Manager or a store employee, may remain in the municipal liquor store longer than one-half hour after the time when the sale of intoxicating liquor must case.
'112.54 PROOF OF FINANCIAL RESPONSIBILITY
The city shall demonstrate proof of financial responsibility required by licensees of retail intoxicating liquor establishments under the provisions of M.S. '340A.409, as it may be amended from time to time.
'112.55 ISSUANCE OF OTHER LICENSES.
(A) On-sale licenses for the sale fo intoxicating liquor. The council may issue in its sound discretion on-sale licenses to a club under M.S. '340A.404 Subd. 1(4) as it may be amended from time to time. If the voters have authorized their issuance at a special election called for that purpose, the Council may issue on its sound discretion on-sale liquor licenses to hotels and restaurants. The number of on-sale licenses issued under this section is governed by M.S. '340A.413, as it may be amended form time to time, as limited bu the provisions of this chapter. The issuance of these licenses is governed by the provisions of this chapter.
(B) Off-sale licenses for the sale of intoxicating liquor. State law does not authorize the issuance of off-sale licenses for the sale of intoxicating liquor by cities which operate a municipal liquor dispensary.
(C) On- and off -sale 3.2 percent malt liquor licenses. The council may issue 3.2 percent malt liquor licenses in its sound discretion as provided in this chapter.
'112.93 CATERS; SPECIAL PROVISIONS
(A) Caters permit required. No person or business shall sell intoxicating liquor or beverages as part of catering business without a valid cater's permit. A "catering business" shall mean a restaurant that holds a valid on-sale intoxicating liquor licenses issued by ant municipality within the state that provides a food service that serves prepared meals at a place other than the restaurant's premises for which is on-sale intoxicating liquor licenses is issued.
(B) Applications. Applications for a city cater's permit can shall be made at least 14 regular business days before the applicant desirers to sell intoxicating liquor or beverages at a catered event. Application for a permit shall be made on a form approved by the City Council and available from the office of the City Clerk. All applications shall be signed by the applicant. Every application shall state the following
(1) The name and address of the applicant.
(2) The applicants age.
(3) Representations as the applicant's character.
(4) The name and address of the restaurant to be issued a city caterer's permit.
(5) Whether the applicant is the owner and operator of the restaurant.
(6) The name and address of the owner and operator of the restaurant if applicant is not the owner and operator.
(7) How long the applicant has been at the restaurant
(8) How long the restaurant has been in business
(9) The date, time, and place of the catered event.
In addition to the above information, each application must be accompanied by proof of a valid on-sale intoxicating liquor license issued by any municipality within the State to the restaurant, proof of financial responsibility as required by '112.25, and proof that the sale of intoxicating liquor is an "incidental part of a food service that serves prepared meals" For the purpose of this section, the sale of intoxicating liquor will be considered an incidental part of a food service that serves prepared meals if the total revenue generated by the catering business.
(C)Fee. All applications for a permit under this section shall be accompanied by the fee established in the Ordinance Establishing Fees and Charges, adopted pursuant to '30.11, as it may be amended from time to time.
(1) A caterer's permit is auxiliary to the primary on-sale licenses held by the applicant.
(2) The restrictions and regulations which apply to the sale of intoxicating liquor on the licensed premises also apply to the sale under the authority of a caterer's permit, and any act that is prohibited on the licensed premises is also prohibited when the licensee is operating other than on the licensed premises under a caterer's permit.
(3) Any Act, which if done on the licensed premises would be grounds for cancelation or suspension of the on-sale license, is grounds for cancellation of the caterer's permit and the on-sale license if the license was issued by the city.
(4) The permittee shall notify prior to any catered event the city clerk and the county sheriff, the time, date, and location of the event.
(5) If the primary license ceases to be valid for any reason, the caterer's permit issued under this section ceases to be valid.
(6) Permits issued under this section are subject to all laws and ordinances governing the sale of intoxicating liquor except those laws and ordinance which by their nature are not applicable.
(7) The applicant must comply in all respects with the M.S. '340A.404 (12), as it may be amended from time to time.
(F) Duration. Each permit shall be valid for the dates and time stated on the permit and only for location stated on the permit. In no case shall a permit be issued for a period of time that exceeds four consecutive days. For the purposed of this section, partial calendar events in on calendar year at which intoxicating liquor or beverages are sold to the general public.
(Added by ordinance 80 passed June 4th, 2012)
(A) Any person violating the provisions fo this chapter of M.S. Ch. 340A as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time 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. Ch. 340A, as it may be amended form 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 licenses 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. Ch. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time. 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.