City Code: 804:0

Section 804 - Wine, Regulations and License Procedures

Section 804:00. Wine Licenses. No person, except a wholesaler or manufacturer to the extent authorized under State license, shall directly or indirectly deal in, sell or keep for sale in the City any wine not exceeding fourteen percent (14%) alcohol by volume without an On-Sale Wine License. An On-Sale Wine License authorizes the sale of wine not exceeding fourteen percent (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 twenty-five (25) guests at one time. For purposes of this section, 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 804:05. 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 license 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 the 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.

Subd. 2. Insurance. Any applicants whose wine sales exceed $10,000 per year shall also provide proof of financial responsibility as follows: eff. 6/20/00

a. A certificate that there is in effect an insurance policy or pool providing the following minimum coverages:

(1) $50,000 because of bodily injury to any one (1) person in any one (1) occurrence, and, subject to the limit for one (1) person, in the amount of $100,000 because of bodily injury to two (2) or more persons in any one (1) occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one (1) occurrence.

(2) $50,000 for loss of means of support of any one (1) person in any one (1) occurrence, and, subject to the limit for one (1) person, $100,000 for loss of means of support of two (2) or more persons in any one (1) occurrence; or

b. A bond of a surety company with minimum coverages as provided in clause a., or

c. A certificate of the State Treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000.

Section 804:10. License Fees.

Subd. 1. Amount. The annual fee for a wine license shall be in such amount as the Council may prescribe 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 paid.

Subd. 3. Term; Pro Rata Fee. Each license shall be issued for a period of one (1) year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee of ten percent (10%) of the annual fee per month for each unexpired month, any fraction of a month being counted as one (1) month. 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 804:15. 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.

Subd. 3. Investigation Fee. At the time of initial application for a wine license, or upon application for a transfer of an existing license, the applicant shall pay to the City an investigation fee of an amount to be set by the Council from time to time, which is not refundable in whole or in part. An investigation fee is not required for renewals for the same applicant unless an investigation is deemed necessary by the City Council.

Section 804:20. Persons Ineligible for License. No wine license shall be granted to any person made ineligible for such a license by State law.

Section 804:25. 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. 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 804:30. Conditions of License.

Subd. 1. In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this section and of any other applicable section of this Code, State law or regulation.

Subd. 2. Hours of Sale. No sale of wine shall be made on any Sunday between the hour of one o'clock a.m. and the hour of twelve o'clock noon, nor after the hour of eight o'clock p.m. on any December 24th. No sale of wine shall be made between the hours of one o'clock a.m. and eight o'clock a.m. on any weekday, Monday through Saturday, both inclusive.

Subd. 3. 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 code and the law equally with the employee. It shall be unlawful for any person, or his agents, servants or employees, to sell wine to any person under the age of twenty-one (21) years.

Subd. 4. 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. 5. Display During Prohibited Hours. No licensee shall display wine to the public during hours when the sale of wine is prohibited.

Subd. 6. Federal Stamps. No licensee shall possess a federal wholesale liquor dealers special tax stamp or a federal gambling stamp.

Section 804:35. Suspension and Revocation. The Council may either suspend, for not to exceed sixty (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. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Section 14.58.

Section 804:40. Carrying or Consuming Wine on Streets and Parking Lots. No person may carry or transport wine in a glass or other open container on a public sidewalk, street, alley or parking lot in the City, or consume it thereon.

Section 804:45 Sale of Intoxicating Malt Liquors. The holder of an on-sale wine license who is also licensed to sell 3.2 percent malt liquors at on-sale and whose gross receipts are at least 60% attributable to the sale of food may sell intoxicating malt liquors at on-sale without an additional license. Added 8/19/97.

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