City Council Ordinance 128ORDINANCE NO. 128
TITLE 3, CHAPTER 11
On -Sale Wine Licenses
AN ORDINANCE AMENDING TITLE 3 OF THE OFFICIAL CITY CODE OF ORDINANCES BY ADDING
CHAPTER 11 WHICH AUTHORIZES THE SALE AND CONSUMPTION OF WINE AND PROVIDING FOR
THE LICENSING THEREOF
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, DO HEREBY ORDAIN:
Section 3-11-1. Provisions of State Law Adopted. The provisions of Minnesota
Statutes, Chapter 340, relating to the consumption and sale of intoxicating liquor
are adopted and made a part of this ordinance as if set out in full.
Section 3-11-2. Wine Licenses. An on -sale wine license authorizes the sale of
wine not exceeding 14 percent 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 ordinance, 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.
Section 3-11-3. License Required for On -Sale of Wine. No person shall sell any
wine not exceeding 14% by alcohol by the glass without an on -sale wine license,
as provided herein, or an on -sale intoxicating liquor license, as provided in
Title 3, Chapter 2 of the Code of Ordinances of the City of Monticello.
Section 3-11-4. Application for License.
Subd. 1. Form. Every application for on -sale wine license shall state
the name of the applicant, his age, representations as to his character,
with such references as the council may require, his 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 he has been in the restaurant business at that place, and such
other information as the council may require from time to time. In
addition to containing such information, the application shall be in a
form prescribed by the liquor control director and shall be verified
and filed with the City Administrator. No person shall make a false
statement in an application.
Subd. 2. Bond. Each application for a license shall be accompanied
by a surety bond or, in lieu thereof, cash or United States Government
bonds of equivalent market value as provided in Minnesota Statutes,
Section 340.12. Such surety bond or other security shall be in the sum
of $3,000 for an applicant for an "on -sale" wine license.
Subd. 3. Liability Insurance. Prior to the issuance of a wine license,
the applicant shall file with the City Administrator a liability insurance
policy in the amount of $10,000 coverage for one person and $20,000 coverage
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for more than one person and shall comply with the provisions of Minnesota
Statutes, Section 340.12 relating to liability insurance policies. If a
liability insurance policy is made subject to all the conditions of a bond
under that statute, the policy may be accepted by the council in lieu of
the bond required under Subd. 2.
Subd. 4. Approval of Security. The security offered under Subds. 2 or 3
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 Subds. 2
or 3 is a cause for revocation of the license.
Section 3-11-5. License Fees.
Subd. 1. Amount. The annual fee for a wine license shall be in the
amount duly established by the council from time to time.
Subd. 2. Payment. Each application for a wine license shall be accompanied
by a receipt from the city treasurer 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 treasurer shall refund the amount due.
Subd. 3. Term. Each license shall be issued for a period of one year.
Every license shall expire on the last day of June.
Subd. 4. Refunds. No refund of any fee shall be made except as authorized
by statute.
Section 3-11-6. Granting of Licenses.
Subd. 1. Investigation and Issuance. The city council shall investigate
all facts set out in the application. 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 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.
Subd. 2. Person 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.
Section 3-11-7. Persons Ineligible for License. No wine license shall be
granted to any person made ineligible for such a license by state law.
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Section 3-11-8. Places Ineligible for License.
Subd. 1. General Prohibition. No wine license shall be issued for any
restaurant ineligible for such a license under state law.
Subd. 2. Time in Business. No license shall be issued to any restaurant
until it has been in operation continuously for at least sixty (60) days.
Subd. 3. 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.
Section 3-11-9. Conditions of License.
Subd. 1. In general. Every license is subject to the conditions in the
following subdivisions and all other provisions of this ordinance and of
other applicable ordinance, state law or regulation.
Subd. 2. Licensee's Responsibility. Every licensee is responsible for
the conduct of his place of business and the conditions of sobriety and
order in it. The act of any employee on the licensed premises authorized
to sell intoxicating liquor there is deemed the act of the licensee as well,
and the licensee shall be liable to all penalties provided by this ordinance
and the law equally with the employee.
Subd. 3. 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.
Subd. 4. Display During Prohibited Hours. No licensee shall display wine
to the public during hours when the sale of wine is prohibited.
Subd. 5. Federal Stamps. No licensee shall possess a federal wholesale
liquor dealers special tax stamp or a federal gambling stamp.
Section 3-11-10. Hours of Sale. No sale of wine under this license shall be
made:
(a) Between 1:00 a.m. and 8:00 a.m. on any day Tuesday through Sunday.
(b) Between midnight Sunday and 8:00 a.m. Monday.
(c) Between 1:00 a.m. and 8:00 p.m. on the day of any state wide election.
(d) Between 8:00 a.m. and 12:00 o'clock noon on any Sunday.
Section 3-11-11. Combination Wine/3.2 Beer On -Sale Option. Provided that an
applicant meets or exceeds the requirements of this Chapter and the requirements
of Title 3, Chapter 1, which pertain to 3.2 Beer on -sale, said 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.
Fees for said combination license shall be according to a fee schedule adopted
by the city council.
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Section 3-11-12. Suspension and Revocation. The 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
ordinance. No suspension or revocation shall take effect until the licensee
has been afforded an opportunity for a hearing pursuant to Minnesota Statutes,
Sections 15.0418 to 15.0426.
Section 3-11-13. Penalty. Any person violating any provision of this
ordinance is guilty of a misdemeanor and upon conviction shall be punished
by a fine of not more than $500 or imprisonment for not more than 90 days.
Adopted this 14th day of November, 1983. j
Arve A. Grimsmo, Mayor
A �j_
Thomas A. Eidem
City Administrator
This Ordinance shall become fully effective upon publication in the Monticello
Times, the official newspaper.
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