City Code: 820:0

Section 820 - Special "On-Sale" Club Licenses - Intoxicating Liquor

Section 820:00. Special "On-Sale" Club Licenses.

Subd. 1. Eligible Licenses. Special "On-Sale" Club Licenses shall be issued only to incorporated clubs which have been in existence for fifteen (15) years or more or to congressionally chartered veterans' organizations which have been in existence for ten (10) years.

Subd. 2. Special Licenses for Sunday Sales. A special license authorizing sales on Sunday in conjunction with the serving of food may be issued to a club which has facilities for serving at least thirty (30) patrons at one (1) time, and which has a special "On-Sale" Club License.

Section 820:05. Application for License.

Subd. 1. Form. Every application for a license to sell liquor shall state the name of the applicant, representations as to his character, with such references as the Council may request, the type of license applied for, its location, how long the applicant has been in existence and such other information as the Council may request from time to time. In addition to containing the 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. A copy of each application shall be forwarded to the Chief of Police and he shall return a report of his objections, if any, to issuance of the license requested.

Subd. 2. Bond and Insurance. 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 340A.409. Such surety bond or other security shall be in the sum of $3,000. Each applicant for a license shall provide, with the application, proof of financial responsibility as follows:

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

Section 820:05, Subd. 2. c.

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.

Subd. 3. Approval of Security. The security offered under Subdivision 2 shall be approved by the City Council. Surety bonds 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 Subdivision 2, is a cause for revocation of the license.

Section 820:10. License Fees.

Subd. 1. Fees. The annual fee for a liquor license for a special club license and for a special license for Sunday sales shall be in the amounts duly established from time to time by the City Council.

Subd. 2. Payment. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment of the prescribed 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.

Section 820:15. Term. Each license shall be issued for a period of one (1) year. Every license shall expire on the last day of June. No refund of any fee shall be made except as authorized by statute.

Section 820:20. Granting of License.

Subd. 1. Investigation and Issuance. The City Council shall consider all facts set out in the application and the report of the Chief of Police. Opportunity shall be given to any person to be heard for or against the granting of the license. After the consideration and hearing, the Council shall, in its discretion, grant or refuse the application.

Subd. 2. Person and Premises Licenses; Transfer. Each license shall be issued only to the applicant and only for the premises described in the application.

Section 820:25. Delinquent Taxes and Charges. No license shall be granted or renewed for operation on any premises on which Federal, State, County or Municipal taxes, assessments or other financial claims are delinquent and unpaid.

Section 820:30. Conditions of License.

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

Subd. 2. Hours of Sale. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday, nor until 8:00 a.m. on Monday, nor between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, nor after 8:00 p.m. on any December 24th. The premises of the club shall be vacated of all patrons at 1:30 a.m.

Section 820:30, Subd. 2. a.

a. Notwithstanding the provisions of Subd. 2, establishments to which special license for Sunday sales have been issued or hereafter may be issued for the sale of intoxicating liquors which are clubs as defined in Section 340A.101, Minnesota Statutes, and which have facilities for serving not less than thirty (30) guests at one time, may serve intoxicating liquors between the hours of 12 o'clock noon and 12 o'clock midnight on Sundays in conjunction with the serving of food.

Subd. 3. Licensee's Responsibility. Every licensee is responsible for the conduct and conditions of sobriety and order on his premise. 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. 4. Inspections. Every licensee shall allow any peace officer, health officer, building inspector or other 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 "on-sale" establishment shall display liquor during hours when the sale of liquor is prohibited.

Subd. 6. Federal Stamps. No licensee shall possess a Federal wholesale liquor dealer's special tax stamp or a Federal gambling stamp.

Section. 820:33. Carrying or Consuming Intoxicating Liquor on Streets and Parking Lots. No person may carry or transport intoxicating liquor in a glass or other open container on a public sidewalk, street, alley or parking lot in the City, or consume it thereon.

Section 820:35. Suspension and Revocation. The Council may either suspend for not to exceed sixty (60) days or revoke any liquor 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.

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