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monticellomn-mn-1 (1)CHAPTER 110: ALCOHOL Section Beer 110.001 Provisions of state law adopted 110.002 License required 110.003 Applications for license 110.004 License fees 110.005 Granting of license 110.006 Persons ineligible for license 110.007 Places ineligible for license 110.008 Conditions of license 110.009 Days and hours of sales 110.010 Clubs 110.011 Restrictions on purchase and consumption 110.012 Revocation 110.013 Brew pub, brewer taprooms, or microdistillery license Liquor 110.025 Provisions of state law adopted 110.026 License required 110.027 Application for license 110.028 License fees 110.029 Granting of licenses 110.030 Persons ineligible for license 110.031 Places ineligible for license 110.032 Conditions of license 110.033 Days and hours of sales 110.034 Restrictions on purchase and consumption 110.035 Revocation Municipal Liquor Stores 110.050 Dispensary established; places to drink 110.051 Location and operation 110.052 Hours of operation 110.053 Regulations 110.054 Enforcement Liquor by the Drink 110.070 License required 110.071 Application for license 110.072 License fees 110.073 Conditions of license 110.074 Days and hours of sale 110.075 Special provisions: sports, conventions, or cultural facilities; community festivals "On -Sale" Wine License 110.090 Provisions of state law adopted 110.091 Wine licenses 110.092 License required for on -sale of wine 110.093 Application for license 110.094 License fees 110.095 Granting of licenses 110.096 Persons ineligible for license 110.097 Places ineligible for license 110.098 Conditions of license 110.099 Days and hours of sale 110.100 Combination wine/3.2% malt liquor on -sale option 110.101 Suspension and revocation 110.999 Penalty BEER § 110.001 PROVISIONS OF STATE LAW ADOPTED. The provisions of M.S. Ch. 340A, as they may be amended from time to time, with reference to the definition of terms, applications for license, granting of license, conditions of license, restrictions on consumption, provisions on sales pertaining to the retail sale, distribution, and consumption of non -intoxicating liquor are hereby adopted and made a part of this subchapter as if fully set out herein except as modified herein. (Prior Code, § 3-1-1) § 110.002 LICENSE REQUIRED. (A) No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale, or otherwise, or keep or offer for sale any beer within the city without first having received a license as hereinafter provided. Licenses shall be of two kinds: (1) Retail "on -sale"; and (2) Retail "off -sale". (B) "On -sale" license shall be granted only to bona fide clubs, beer stores, restaurants, theaters, and hotels where food is prepared and served for consumption on the premises. "On -sale" licenses shall permit the sale of beer for consumption on the premises only. (C) "Off -sale" licenses shall permit the sale of beer at retail in the original package for consumption off the premises only. (Prior Code, § 3-1-2) § 110.003 APPLICATIONS FOR LICENSE. (A) Form. Every application for a license to sell beer shall be made on a form supplied by the city and shall state the name of the applicant, his or her age, representations as to his or her character with such references as may be required, his or her citizenship, whether the application is for "on -sale" or "off -sale", the business in connection with which the proposed license will operate and its location, whether applicant is owner and operator of the business, how long he or she has been in that business at that place, and other information as the City Council may require from time to time. It shall be unlawful to make any false statement in an application. Applications shall be filed with the City Clerk. (B) Financial responsibility. The 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. (Prior Code, § 3-1-3) Penalty, see § 110.999 § 110.004 LICENSE FEES. (A) Each application for a license shall be accompanied by a receipt from the city for payment in full of the required fee for the license. All fees shall be paid into the General Fund of the city. Upon rejection of any application for a license, the city shall refund the amount paid. All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro-rata fee. (B) The annual fee for an "on -sale" license shall be in the fee schedule ordinance adopted by the City Council. The annual fee for an "on -sale" extended hours license shall be set forth by the state. The annual fee for an "off -sale" license shall be on a fee schedule adopted by the Council. (C) No part of the fee paid for any license issued under this subchapter shall be refunded where a license is revoked, but there shall be refunded a pro-rata portion of the fee for the unexpired period of the license upon cancellation. (Prior Code, § 3-1-4) (Ord. 107, passed 11-23-1981; Ord. 394, passed 7-14-2003) Cross-reference: Fee schedule, see Chapter 36 § 110.005 GRANTING OF LICENSE. (A) The City Council shall investigate all facts set out in the application. After the investigation, the Council shall grant or refuse the application in its discretion. (B) Each license shall be issued to the applicant only and shall not be transferable to another holder. (C) Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. (Prior Code, § 3-1-5) (Ord. 394, passed 7-14-2003) § 110.006 PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to any person: (A) Under 21 years of age, or as stipulated in state statutes; (B) Who has been convicted of a felony or any law of the state or local ordinance relating to the manufacture or transportation of intoxicating liquors; (C) Who is a manufacturer of beer or who is interested in the control of any place where beer is manufactured; (D) Who is not of good moral character; (E) Who is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him or her a local license to sell intoxicating liquor at such place; (F) Who is not the proprietor of the establishment for which the license is issued; or (G) Who is not resident of the state. (Prior Code, § 3-1-6) (Ord. 575, passed 3-11-2013) § 110.007 PLACES INELIGIBLE FOR LICENSE. (A) No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this subchapter, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after the conviction of revocation. (B) No "on -sale" license shall be granted for any place within 1,000 feet of any public school or within 1,000 feet of any church. (C) No "off -sale" license for non -intoxicating liquors shall be granted for any premises except those that operate primarily in the sale of food, beer, cigars, cigarettes, beverage, and soft drinks. (Prior Code, § 3-1-7) (Ord. 17, passed 9-9-1976) § 110.008 CONDITIONS OF LICENSE. Every license is subject to the conditions in the following divisions and all other provisions of this subchapter, and of other applicable ordinance, state law, or regulation. (A) Every license shall be granted subject to the conditions in the following divisions and all other provisions of this subchapter and of any other applicable provisions in this code. (B) All licensed premises shall have the license posted in a conspicuous place at all times. (C) No beer shall be sold or served to any intoxicated person or to any person under 21 years of age, or as stipulated in state statutes. (D) No minor under 18 shall be permitted to sell or serve beer in an "on -sale" establishment. (E) No gambling or any gambling device shall be permitted on any licensed premises. (F) No manufacturer for wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of M.S. § 340A.403, subd. 3, as it may be amended from time to time. No retail license and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer, and no manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. (G) No licensee shall sell beer while holding or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he or she is licensed under the laws of the state to sell intoxicating liquors. (H) No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or service any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquor for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this subchapter. (1) Any peace officer shall have the unqualified right to enter, inspect, and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises. (J) Every licensee shall be responsible for the conduct of the place of business and shall maintain conditions of sobriety and order. (K) Every licensee shall be prohibited from conducting business on the premises from 2:00 a.m. to 6:00 a.m., Monday through Sunday inclusive. Presence of customers on the premises is not permitted between the hours of 2:30 a.m. to 6:00 a.m., Monday through Sunday inclusive. (L) All license holders may be subject to alcohol compliance checks. Civil penalties for failing a compliance check and providing alcohol to minors are assessed as follows: (1) First violation: amount as stated in the current fee schedule; (2) Second violation within two years: amount as stated in the current fee schedule; and (3) Third violation within two years: amount as stated in the current fee schedule (with no mandatory revocation of license). (Prior Code, § 3-1-8) (Ord. 394, passed 7-14-2003; Ord. 512, passed 4-12-2010; Ord. 575, passed 3-11-2013; Ord. 584, passed 5-28-2013) Penalty, see § 110.999 § 110.009 DAYS AND HOURS OF SALES. 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. No sale of 3.2% malt liquor may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday inclusive, nor between 2:00 a.m. and 8:00 a.m. on Sundays. An establishment serving 3.2% malt liquor on Sundays must obtain a Sunday license from the city. (Prior Code, § 3-1-9) (Ord. 143, passed 10-22-1984; Ord. 394, passed 7-14-2003; Ord. 512, passed 4-12-2010; Ord. 625, passed 9-28-2015) § 110.010 CLUBS. No club shall sell beer except to members and to guests in the company of members. (Prior Code, § 3-1-10) Penalty, see § 110.999 § 110.011 RESTRICTIONS ON PURCHASE AND CONSUMPTION. (A) No minor shall misrepresent his or her age for the purpose of obtaining beer. (B) No person shall induce a minor to purchase or procure beer. (C) No minor shall have beer in his or her possession with the intent to consume it at a place other than the household of his or her parent or guardian. (D) No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors. (Prior Code, § 3-1-11) Penalty, see § 110.999 § 110.012 REVOCATION. A license granted under the provisions of this subchapter shall be suspended or revoked by the City Council for the following reasons. (A) In the event the licensee is convicted of a violation of this subchapter or any state law relating to the sale or consumption of 3.2% malt liquor, his or her license shall be suspended for a period of five days upon the first conviction (B) In the event the license holder is convicted a second time, his or her license shall be suspended for a period of 30 days. (C) In the event the license holder shall be convicted for a third time, his or her license shall be revoked (D) The violation of any provision or condition of this subchapter by a beer licensee or his or her agent shall be grounds for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases, a license granted under this subchapter may be revoked or suspended by the City Council after written notice to the licensee and a public hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension. (Prior Code, § 3-1-12) § 110.013 BREW PUB, BREWER TAPROOMS, OR MICRODISTILLERY LICENSE. A brew pub, brewer taproom, or microdistillery as defined and made eligible under state law may be issued "on -sale" and "off -sale" license subject to the terms and conditions established by state law and this code, and to any limitations imposed by the City Council. The license issued by the city must specify whether off -sale is permitted, the hours of operation, whether Sunday sales are permitted, and other conditions. The fees established by ordinance may reflect various license options authorized by law. (Prior Code, § 3-1-13) (Ord. 625, passed 9-28-2015) LIQUOR § 110.025 PROVISIONS OF STATE LAW ADOPTED. The provisions of M.S. Ch. 340A, as they may be amended from time to time, with reference to the definition of terms, applications for license, granting of license, conditions of license, restrictions on consumption, provisions on sales, conditions of bonds of licenses, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are hereby adopted and made a part of this subchapter as if fully set out herein, except as modified herein. (Prior Code, § 3-2-1) § 110.026 LICENSE REQUIRED. (A) 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 subchapter. (B) Licenses shall be of three kinds: (1) "On -sale" license; (2) "Off -sale" license; and (3) Club licenses. (Prior Code, § 3-2-2) Penalty, see § 110.999 § 110.027 APPLICATION FOR LICENSE. (A) Form. Every application for a license to sell liquor shall be verified and filed with the City Clerk. It shall have stated the name of the applicant, age with references as may be required, citizenship, whether the application is for an "on -sale" or "off -sale", the business in connection with which the proposed license shall operate and its location, whether applicant is owner and operator of the business, how long that business has been at that place, and other information as the City Council may require. In addition to containing such information, each application for a license shall be in the form prescribed by the Department of Public Safety and the city. Each application for a license hereunder shall be accompanied by a cashier's check in the amount adopted by the Council which shall not be subject to refund and shall be paid for the purpose of defraying the expense of investigation of the applicant. (B) Financial responsibility. The 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. (Prior Code, § 3-2-3) (Ord. 107, passed 11-23-1981; Ord. 162, passed 6-27-1988; Ord. 191, passed 5-1-1990) § 110.028 LICENSE FEES. (A) Each application for a license shall be accompanied by a receipt from the city for payment in full of the required fee for the license. All fees shall be paid into the General Fund of the city. Upon rejection of any application for license, the city shall refund the amount paid. (B) Licenses herein provided for shall expire June 30 following the issuance thereof and if issued for less than one year shall be pro -rated on a quarterly basis. (C) The annual fee for an "on -sale" license shall be adopted by the City Council except as stated in division (D) below. The annual fee for a special club license shall be a fee schedule adopted by the Council. The annual fee for an extended hours license shall be set forth by the state. (D) Licenses in effect before annexation in the annexed area will be brought up to present fee at increase of $250 per year. (E) No refund of any fee shall be permitted except as authorized under M.S. § 340A.408, as it may be amended from time to time. (Prior Code, § 3-2-4) (Ord. 107, passed 11-23-1981; Ord. 394, passed 7-14-2003) § 110.029 GRANTING OF LICENSES. The City Council shall investigate all facts set out in the application. After the investigation, the Council shall grant or refuse the application in its discretion. 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 or to another place without the approval of the Council. (Prior Code, § 3-2-5) (Ord. 394, passed 7-14-2003) § 110.030 PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any person made ineligible for a license by state law. (Prior Code, § 3-2-6) § 110.031 PLACES INELIGIBLE FOR LICENSE. (A) No "on -sale" license shall be granted to any person who does not have invested or does not propose to invest in the fixtures and structure of the proposed on -sale establishment, exclusive of land, an amount of at least $200,000. The City Council may provide for an independent appraisal at applicant's expense as an aid in determining the value of the premises. In the event this requirement as to investment is not complied with within one year from the date of issuance of the license, the license may be revoked. (B) No "on -sale" license shall be granted to a restaurant that does not meet the following minimum standards as determined by the City Council. (1) The restaurant shall have seating capacity for at least 50 guests in its formal dining area. (2) The restaurant shall have a full -service menu available with meals prepared on site within a state's Department of Health licensed commercial kitchen each day the establishment is open for business. (3) All meals shall be regularly served at tables to the general public and shall employ an adequate staff to provide the usual and suitable services to its guests. (Prior Code, § 3-2-7) (Ord. 94, passed 3-9-1981; Ord. 319, passed 10-26-1998; Ord. 394, passed 7-14-2003; Ord. 453, passed 1-22-2007) § 110.032 CONDITIONS OF LICENSE. Every license shall be granted subject to the conditions in the following divisions and all other provisions of this subchapter, and of any other applicable provisions of this code or state law. (A) Every licensee shall be responsible for the conduct of his or her place of business and the conditions of sobriety and order in it. (B) Any peace officer, health officer, or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. (C) Every licensee shall be prohibited from conducting business on the premises from 2:00 a.m. to 6:00 a.m., Monday through Sunday inclusive. Presence of customers on the premises is not permitted between the hours of 2:30 a.m. to 6:00 a.m., Monday through Sunday inclusive. (D) All real estate taxes assessed against the licensed premises and all personal property taxes assessed against any personal property located in, on, or upon the licensed premises shall be paid or caused to be paid when due by the licensee, provided, however, that in the event the licensee and/or the owner of the licensed premises shall duly contest the validity and/or amount of any real estate or personal property tax according to law, the tax need not be paid until 30 days after the final judicial determination of the validity and/or amount of the tax. (E) No license shall be issued for premises located in an area wherein the use of the premises is prohibited by the zoning code, nor within an area where the sales are forbidden by state law or any other ordinance of the city. (F) One-half of all additional "on -sale" liquor licenses available for issuance by the city shall be reserved for issuance to qualifying hotels, motels, or restaurants within the Central Community District (CCD) as defined by the official zoning map. (G) All license holders may be subject to alcohol compliance checks conducted under a resolution adopted by City Council in 2005. This agreement sets civil penalties for failing a compliance check and providing alcohol to minors. Liquor administrative fines are assessed as follows: (1) First violation: amount as stated in the current fee schedule; (2) Second violation within two years: amount as stated in the current fee schedule; and (3) Third violation within two years: amount as stated in the current fee schedule (without mandatory revocation of license). (Prior Code, § 3-2-8) (Ord. 275, passed 8-14-1995; Ord. 319, passed 10-26-1998; Ord. 394, passed 7-14-2003; Ord. 513, passed 4-12-2010; Ord. 575, passed 3-11-2013; Ord. 584, passed 5-28-2013) § 110.033 DAYS AND HOURS OF SALES. (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. (B) No sale of intoxicating liquor for consumption on the licensed premises maybe made between 2:00 a.m. and 8:00 a.m. on Monday through Saturday inclusive, or between 2:00 a.m. and 8:00 a.m. on Sundays. Sales after 2:00 a.m. on Sunday are unlawful unless the establishment has obtained a Sunday liquor license in accordance with state law. (Prior Code, § 3-2-9) (Ord. 513, passed 4-12-2010; Ord. 625, passed 9-28-2015) Penalty, see § 110.999 § 110.034 RESTRICTIONS ON PURCHASE AND CONSUMPTION. (A) No minor shall misrepresent his or her age for the purpose of obtaining intoxicating liquor. (B) No person shall induce a minor to purchase or procure liquor. (C) No liquor shall be sold or consumed on a public highway or in an automobile. (D) No person shall consume any intoxicating liquor on any public land in the city except by special permit granted by the city. (Prior Code, § 3-2-10) (Ord. 513, passed 4-12-2010) Penalty, see § 110.999 § 110.035 REVOCATION. The City Council may suspend or revoke any liquor license for violation of any provision or condition of the provisions hereof or any state law regulating the sale of intoxicating liquor or any false statement in the application. (Prior Code, § 3-2-11) MUNICIPAL LIQUOR STORES § 110.050 DISPENSARY ESTABLISHED: PLACES TO DRINK. There is hereby established a municipal liquor dispensary for the off -sale of intoxicating liquor. No liquor may be sold off - sale at retail elsewhere in the city, unless otherwise authorized in this subchapter. No person shall consume liquor in a public park or on a public street. § 110.051 LOCATION AND OPERATION. (A) Location and employees. A municipal liquor dispensary shall be at such place at the City Council shall determine and may be either leased or owned by the city. It shall be in the charge of a person known as the manager, who shall have such assistants as may be necessary. 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. (B) Dispensary Fund. A Liquor Dispensary Fund is hereby created into which all revenues received from the operation of the dispensary shall be paid and from which all operating expenses shall be paid. Any surplus accumulating in this Fund may, from time to time, be transferred to the General Fund by resolution of the City Council and expended for any municipal purpose. § 110.052 HOURS OF OPERATION. The hours of operation and days of sale shall be those set by M.S. Ch. 340A, as it may be amended from time to time, except that the City Council may, by ordinance or resolution, provide for more restrictive hours. The dispensary shall not be open for business of any kind during the hours when sales of intoxicating liquor are prohibited. (Prior Code, § 3-3-5) (Ord. 143, passed 10-22-1984; Ord. 177, passed 6-26-1989; Ord. 668, passed 6-12-2017) § 110.053 REGULATIONS. (A) No business other than the sale of liquor shall be carried on in the dispensary except the retail sale of cigars, cigarettes, all forms of tobacco, beer, and soft drinks, both on -sale and off -sale. (B) No pool or billiard table shall be kept in any part of the dispensary. (C) No person shall gamble on the premises and no gambling of any character shall be permitted thereon. (D) No minor shall be permitted to remain on the dispensary premises. (E) No liquor or beer shall be sold or served to a minor directly or indirectly. (F) No minor shall misrepresent his or her age for the purpose of obtaining liquor or beer. (G) No liquor or beer shall be served or sold to an intoxicated person. (H) No person of known immoral character and no disorderly person shall be permitted on the dispensary premises. (Prior Code, § 3-3-6) (Ord. 394, passed 7-14-2003) Penalty, see § 110.999 § 110.054 ENFORCEMENT. It shall be the duty of all police officers of the city to enforce the provisions of this subchapter and to search the premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be in violation of this subchapter and to prepare the necessary processes and papers therefor. (Prior Code, § 3-3-7) LIQUOR BY THE DRINK § 110.070 LICENSE REQUIRED. It shall be unlawful for any private club or public place, directly or indirectly, or upon any pretense, or by any device, to allow the consumption or display of intoxicating liquor or the serving of any liquor for the purpose of mixing with intoxicating liquor without first having obtained a permit therefor from the Department of Public Safety as provided in M.S. Ch. 340A, as it may be amended from time to time, and a license therefor from the city. (Prior Code, § 3-4-1) Penalty, see § 110.999 § 110.071 APPLICATION FOR LICENSE. (A) Form. Every application for a license under this subchapter shall be made on a form supplied by the city and shall state the name of the applicant, his or her age, representations as to his or her character, with such reference as may be required, his or her citizenship, the business in connection with which the proposed license will operate and its location, whether applicant is owner or operator of the business, how long he or she has been in that business at that place, and other information that the City Council may require from time to time. It shall be unlawful to make any false statement in an application. Applications shall be filed with the City Clerk. (B) Financial responsibility. The 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. (Prior Code, § 3-4-2) Penalty, see § 110.999 § 110.072 LICENSE FEES. (A) An application for a license shall be accompanied by a receipt from the City Clerk for payment in full of the required fee for the license. Upon rejection of any application for license, the Clerk shall refund the amount paid less $25, which shall be retained as a handling charge for the application. (B) All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of one year, except if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro-rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. (C) The annual fee for the license shall be a fee schedule adopted by the City Council. The annual fee for an extended hours license shall be as set forth by the state. (D) Notwithstanding any other provision of law, the City Council may, upon proper application as stipulated in §110.071, issue a permit for the display and consumption of intoxicating liquor and the serving of any liquid for the purpose of mixing with intoxicating liquor for a period of one day. No more than five permits may be issued in a single year. No more than two permits shall be issued to the same organization or an affiliate in a single year. The fee for the permit shall be set from time to time by the Council but shall not exceed $25. All permits issued under this provision shall be approved by the state's Department of Public Safety. The permit issued pursuant to this section shall be valid only for the day indicated on it. (E) Applicants receiving authorization under § 110.073 to be a liquor provider at the community center shall pay a fee to the city as set by City Council resolution. (Prior Code, § 3-4-3) (Ord. 107, passed 11-23-1981; Ord. 116, passed 6-28-1982; Ord. 332, passed 9-13-1999; Ord. 394, passed 7-14-2003) § 110.073 CONDITIONS OF LICENSE. Every licensee shall not conduct business on the premises between the hours of 2:00 a.m. and 6:00 a.m., Monday through Sunday inclusive. Presence of customers on the event premises is not permitted between the hours of 2:30 a.m. and 6:00 a.m., Monday through Sunday inclusive. (Prior Code, § 3-4-4) (Ord. 394, passed 7-14-2003; Ord. 575, passed 3-11-2013) Penalty, see § 110.999 § 110.074 DAYS AND HOURS 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. (B) No sale of intoxicating liquor by the drink for consumption on the licensed premises may be made between 2:00 a.m. and 8:00 a.m. on Monday through Saturday inclusive. No sale of intoxicating liquor by the drink for consumption on the licensed premises may be made between 2:00 a.m. and 8:00 a.m. on Sundays. Sales after 2:00 a.m. on Sunday are unlawful unless the liquor license holder has obtained a Sunday liquor license in accordance with state law. (C) No establishment licensed under M.S. § 340A.414, as it may be amended from time to time, or §110.072(D) may permit a person to consume or display intoxicating liquor, and no person may consume or display intoxicating liquor between 1:00 a.m. and 8:00 a.m. on Monday through Saturday inclusive, and between 1:00 a.m. and 12:00 noon on Sundays. (Prior Code, § 3-4-5) (Ord. 575, passed 3-11-2013; Ord. 625, passed 9-28-2015) Penalty, see § 110.999 § 110.075 SPECIAL PROVISIONS: SPORTS, CONVENTIONS, OR CULTURAL FACILITIES; COMMUNITY FESTIVALS. (A) Distributing liquor at public gatherings. The city may authorize the holder of a retail "on -sale" intoxicating liquor license issued by the city or by an adjacent municipality to dispense intoxicating liquor at any convention, banquet, conference, meeting, or social affair conducted in the community center. The licensee (liquor provider) must be engaged to dispense intoxicating liquor at the event held by a person or organization permitted to use the premises and may dispense intoxicating liquor only to any person attending the event. The licensee may not dispense intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises. (B) Community center liquor provider authorization. Authority to be a liquor provider will be granted by the City Council on an annual basis, term to run January 1 to December 31. The Community Center Director will accept applications, screen, and make the formal request for authorization to the Council. Applications for authorization to become a liquor provider will be accepted throughout the year, but will require a six to eight week waiting period for approval. If approved, the term will expire at the end of the calendar year, December 31. (C) Termination of liquor provider authorization. The City Administrator may suspend or terminate the license of a liquor provider for conducting illegal operations, for maintaining insufficient insurance coverage, for loss or suspension of its retail liquor license, and for violating the policies set forth in the city's Community Center Policy Manual. The liquor provider may appeal any suspension or termination to the City Council within ten days after receipt of notice of suspension termination. The appeal shall be served on the City Administrator and the Council shall commence a hearing within 21 days after receipt of the notice of appeal. (Prior Code, § 3-4-6) (Ord. 332, passed 9-13-1999) "ON -SALE" WINE LICENSE § 110.090 PROVISIONS OF STATE LAW ADOPTED. The provisions of M.S. Ch. 340A, as it may be amended from time to time, adopted and made a part of this subchapter as if set out in full. (Prior Code, § 3-11-1) § 110.091 WINE LICENSES. An "on -sale" wine license authorizes the sale of wine not exceeding 14% alcohol by volume for consumption on the licensed premises only in conjunction with the sale of food. An "on -sale" wine license may be issued only to a restaurant having facilities for seating not fewer than 25 guests at one time. For purposes of this subchapter, a RESTAURANT means an establishment under the control of a single proprietor or manager having appropriate facilities for serving meals and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests. (Prior Code, § 3-11-2) § 110.092 LICENSE REQUIRED FOR ON -SALE OF WINE. No person shall sell any wine not exceeding 14% alcohol by volume by the glass without an "on -sale" wine license as provided herein or an "on -sale" intoxicating liquor license as provided in §§ 110.025 through 110.035. (Prior Code, § 3-11-3) Penalty, see § 110.999 § 110.093 APPLICATION FOR LICENSE. (A) Form. Every application for "on -sale" wine license shall state the name of the applicant, age, representations as to character with such references as the City Council may require, citizenship, the restaurant in connection with which the proposed licensee will operate and its location, whether the applicant is owner and operator of the restaurant, how long the restaurant business has been at that place, and other information as the Council may require from time to time. In addition to containing the information, the application shall be in a form prescribed by the Liquor Control Director and shall be verified and filed with the City Clerk. No person shall make a false statement in an application. (B) Liability insurance. Prior to the issuance of a wine license, the applicant shall file with the City Clerk a liability insurance policy in the amount of $50,000 coverage for bodily injury for one person in any one occurrence; $100,000 coverage for bodily injury for two or more persons in any one occurrence; $10,000 because of injury to or destruction of others in any one occurrence; $50,000 for loss of means of support of any one person in any one occurrence; and $100,000 for loss of means of support of two or more persons in any one occurrence; and shall comply with the provisions of M.S. § 340A.409, as it may be amended from time to time, relating to liability insurance policies. (C) Approval of security. The security offered under division (B) above shall be approved by the City Council and the State Liquor Control Director. Surety bonds and liability insurance policies shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the city at all times effective security as required in division (B) above is a cause for revocation of the license. (Prior Code, § 3-11-4) (Ord. 369, passed 1-28-2002) § 110.094 LICENSE FEES. (A) Amount. The annual fee for a wine license shall be in the amount duly established by the Council from time to time. The annual fee for an extended license shall be as set forth by the state. (B) Payment. Each application for a wine license shall be accompanied by a receipt from the City Clerk for payment in full of the license fee. All fees shall be paid into the General Fund. If an application for a license is rejected, the Clerk shall refund the amount due. (C) Term. Each license shall be issued for a period of one year. Every license shall expire on June 30. (D) Refunds. No refund of any fee shall be made except as authorized by statute. (Prior Code, § 3-11-5) (Ord. 394, passed 7-28-2003) § 110.095 GRANTING OF LICENSES. (A) Investigation and issuance. The City Council shall investigate all facts set out in the application. After the investigation, the Council shall, in its discretion, grant or refuse the application. No wine license shall become effective until it, together with the security furnished by the applicant, has been approved by the State Liquor Control Director. (B) Persons and premises licensed, transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. (Prior Code, § 3-11-6) (Ord. 394, passed 7-14-2003) § 110.096 PERSONS INELIGIBLE FOR LICENSE. No wine license shall be granted to any person made ineligible for a license by state law. (Prior Code, § 3-11-7) § 110.097 PLACES INELIGIBLE FOR LICENSE. (A) General prohibition. No wine license shall be issued for any restaurant ineligible for a license under state law. (B) Delinquent taxes and charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the city are delinquent and unpaid. (Prior Code, § 3-11-8) (Ord. 369, passed 1-28-2002) § 110.098 CONDITIONS OF LICENSE. (A) In general. Every license is subject to the conditions in the following divisions and all other provisions of this subchapter, and of other applicable ordinance, state law, or regulation. (B) Licensee's responsibility. 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 authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this subchapter and the law equally with the employee. (C) Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee during business hours without a warrant. (D) Display during prohibited hours No licensee shall display wine to the public during hours when the sale of wine is prohibited. (E) Federal stamps. No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. (F) Compliance checks. All license holders may be subject to alcohol compliance checks. This agreement sets civil penalties for failing a compliance check and providing alcohol to minors. Liquor administrative fines are assessed as follows: (1) First violation: amount as stated in the current fee schedule; (2) Second violation within two years: amount as stated in the current fee schedule; and (3) Third violation within two years: amount as stated in the current fee schedule (without mandatory revocation of license). (Prior Code, § 3-11-9) (Ord. 584, passed 5-28-2013) Penalty, see § 110.999 § 110.099 DAYS AND HOURS OF SALE. (A) No sale of wine under this license shall be made on the premises between the hours of 2:00 a.m. and 8:00 a.m., Monday through Saturday inclusive, or on any Sunday between the hours of 2:00 a.m. and 8:00 a.m. (B) The presence of customers is not allowed on the premises between the hours of 2:30 a.m. and 6:00 a.m., Monday through Sunday inclusive. (Prior Code, § 3-11-10) (Ord. 369, passed 1-28-2002; Ord. 394, passed 7-14-2003; Ord. 575, passed 3-11-2013; Ord. 625, passed 9-28-2015) Penalty, see § 110.999 § 110.100 COMBINATION WINE/3.2% MALT LIQUOR ON -SALE OPTION. (A) Provided that an applicant meets or exceeds the requirements of this subchapter and the requirements of §§110.001 through 110.013, which pertain to 3.2% malt liquor on -sale, the applicant may apply for a single license authorizing the sale and consumption of wine not to exceed 14% alcohol by volume and beer not to exceed 3.2% alcohol by volume. (Intoxicating malt liquor may be sold on premises holding both a 3.2% malt liquor "on -sale" license and a wine license.) (B) Fees for the combination license shall be according to a fee schedule adopted by the City Council. The annual fee for an extended hours combination license shall be in an amount established by the state. (Prior Code, § 3-11-11) (Ord. 369, passed 1-28-2002; Ord. 394, passed 7-14-2003) Cross-reference: Fee schedule, see Chapter 36 § 110.101 SUSPENSION AND REVOCATION. The City Council may either suspend for not to exceed 60 days or revoke any "on -sale" wine license upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor, or any of the provisions of this subchapter. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to M.S. §§ 14.57 through 14.62 and 14.69, as they may be amended from time to time. (Prior Code, § 3-11-12) § 110.999 PENALTY. (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances. (B) Any employee of the dispensary willfully violating any provision hereof or any provision of the state laws relating to gambling or the sale of intoxicating liquor or beer shall be discharged. (Prior Code, § 3-3-7) (C) Any person violating any provision of §§ 110.090 through 110.101 is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. (Prior Code, § 3-11-13) (Ord. 128, passed 11-4-1983; Ord. 358, passed 1-8-2001)