Ord 209 Regulating Intox LiquorsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 209
(Codified as Ordinance No. 1403)
AN ORDINANCE LICENSING AND REGULATING THE SALE
AND CONSUMPTION OF INTOXICATING LIQUORS
SECTION 1. DEFINITION OF TERMS
1.1 Church - A building which is principally used as a place where persons of
the same faith regularly assemble for the public worship of God.
1.2 Club and Bona Fide Club - Shall be the same as defined in the laws of the
State of Minnesota, M.S.A. Chapter 340, amended.
1.3 Exclusive Liquor Store - An establishment used exclusively for the sale, at
retail, of intoxicating liquor, non-intoxicating liquor, non-intoxicating malt
beverages and soft drinks off sale and under the control of an individual
owner or manager. Sales of ice, cigars, cigarettes and all forms of tobacco
shall be permitted in an exclusive liquor store subject to the provisions of
applicable City licensing ordinances.
1.4 Fiscal Year - The twelve (12) month accounting period used for accounting and
income tax purposes.
1.5 Hotel and Motel - Any establishment having a resident proprietor or manager
where, in consideration of payment therefore, food and lodging are regularly
furnished to transients, which maintains.for the use of its guests not less
than 50 guest rooms with bedding and.other usual, suitable and necessary
furnishings in each room, which is provided at the main entrance with a
suitable lobby, desk and office for the registration of its guests on the
'ground floor; which employs an adequate staff to provide suitable and usual
service; and which maintains under the same management and control as the rest
of the establishment and has an integral part thereof, a dining room with
appropriate facilities for seating not less than 100 guests at one time, where
the general public is, in consideration of payment thereof, served meals at
tables.
1.6 Intoxicating Liquor - Ethyl alcohol, distilled, fermented, spirituous, vinous
and malt beverages containing in excess of 3.2 percent alcohol by weight.
1.7 Manufacturer - Every person who by process of manufacture, fermenting,
brewing, distilling, refining, rectifying, blending, or by the combination of
different materials, prepares or produces intoxicating liquors for sale.
1.8 Minor - Any person who has not attained the age of 21 years.
1.9 Off-Sale - The sale of intoxicating liquor in the original package in exclu-
sive liquor stores for consumption off or away from the premises where sold..
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1.10 On-Sale - The sale of intoxicating liquor by the glass, bottle or by the drink
for consumption on the premises only.
1.11 Package or Original Package - Any corked or sealed container or receptacle
holding intoxicating liquor.
1.12 Person - A natural person of either sex, a partnership, corporation, any other
entity and any other association of persons, and the agent(s) or manager(s) of
any of the aforesaid. The singular number includes the plural and the mascu-
line pronoun includes the feminine and neuter.
1.13 Restaurant - Any establishment, other than a hotel, under the control of a
single proprietor or manager, having appropriate facilities to serve meals,
for seating not less than 200 guests at one time, and where in consideration
of payment therefor, meals are regularly served at tables to the general
public, and which employs adequate staff to provide for the usual and suitable
services to its guests, and the principal part of the business of which is the
serving of foods.
1.14 Sale and Sell - All barters and all manners or means of furnishing intoxica-
ting liquor or liquors'as above described whether or not in violation or
evasion of law and also include the usual meaning of the terms.
1.15 School - Any public, private or parochial school where grades One through
Twelve are taught, and, as used herein, the term "School" shall not include
any "Day Care Facility." as that term is defined by Minnesota Statutes, Sec-
tion 245.782, Subdivision 5.
1.16 Wholesale - Any sales of intoxicating liquor for purposes of resale.
1.17 Wholesaler - Any person engaged in the business of selling intoxicating
liquor to retail dealers.
1.18 Wine - A vinous beverage containing not more than 14% alcohol by volume.
SECTION 2. LICENSE REQUIRED
2.1 No person, except wholesalers or manufacturers to the extent authorized
under state license, shall directly or indirectly deal in, sell, or keep for
sale in the City, any intoxicating liquor without first having received a
license to do so as provided in this Ordinance. Intoxicating liquor licenses
shall be of four kinds: "On-Sale," "on-Sale Wine," "On-Sale" Club and "Off-
Sale."
2.2 "On-Sale" licenses shall be issued only to Hotels, Motels and Restaurants.
2.3 "On-Sale Wine" licenses shall be issued only to Restaurants having facilities
for seating not fewer than 50 guests at one time, and shall permit only the
sale of wine and shall not permit the sale of any other intoxicating liquor,
for consumption on the licensed premises only, in conjunction with the sale of
food.
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2.4 "On-Sale" Club licenses shall be issued only to bona fide clubs which have
been in existence in the City for 15 years. Such clubs shall be incorporated
in order to be eligible to apply for a license, and the license shall be for
the sale of intoxicating liquors to members and bona fide guests only.
2.5 "Off-Sale" licenses shall be issued only to exclusive liquor stores which
shall be located only in B4 Zoning Districts.
2.6 Reserved.
SECTION 3. APPLICATION VERIFICATION
Every application for a license to sell intoxicating liquor shall be verified and
filed with the City Clerk.
SECTION 4. APPLICATION CONTENT
In addition to the information which may be required by the State Public Safety
Commissioner's form, the application shall contain the following:
4.1 Whether the applicant is a natural person, corporation, partnership or other
form of organization.
4.2 Type of license applicant seeks.
4.3 If the applicant is a natural person, the following information:
4.3(1) True name, place and date of birth, and street residence address of appli-
cant.
4.3(2) Whether applicant has ever used or been known by a name other than his true
name; and if so, what was such name or names and information concerning
dates and places where used.
4.3(3) The name of the business if it is to be conducted under a designation, name
or style other than the full individual name of the applicant; in such case
a copy of the certification, as required by Chapter 333, Minnesota Stat-
utes, certified by the Secretary of State shall be attached to the applica-
tion.
4.3(4) Whether applicant is married or single. If married, true name, place of
birth, and street residence address of applicant's spouse.
4.3(5) Whether applicant and present spouse are registered voters and if so,
where.
4.3(6) Street addresses at which applicant and present spouse have lived during
the preceding ten years.
4.3(7) Kind, name and location of every business or occupation applicant or pre-
sent spouse have been engaged in during the preceding ten years.
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4.3(8)
Names and addresses of applicant's and spouse's
employers and partners, if
any, for the preceding ten years.
4.3(9)
Whether applicant or his spouse or a parent,
brother,- sister, or child of
either of them has ever been convicted of any
felony, crime, or violation
of any ordinance other than traffic. If so,
the applicant shall furnish
information as to the time, place and offense
for which convictions were
had
4.3(10)
Whether applicant or his spouse, or a parent,
brother, sister or child of
either of them has ever owned, been engaged as
an employee, or operated a
saloon, hotel, restaurant, cafe, tavern or
other business of a similar
nature which served either food or intoxicating
or nonintoxicating liquor
or other beverages. If so, applicant shall
furnish information as to the
time, place and length of time.
4.3(11)
Whether applicant has ever been in military
service. If so, applicant
shall furnish information regarding the type
of discharges and, upon re-
quest, shall exhibit all discharges.
4.3(12) The name, address, and business address of each person who is engaged in
Minnesota in the business of selling, manufacturing or distributing intoxi-
cating liquor and who is nearer of kin to the applicant or his spouse than
second cousin, whether of the whole or half blood, computed by the rules of
civil law or who is a brother-in-law or sisterin-law of the applicant or
his spouse.
4.4 If the applicant is a partnership, whether limited or general, the names and
addresses of all partners and all information concerning each partner as is
required of a single applicant in subsection 4.3 above. A managing partner or
partners shall be designated. The capital and profits interest of each part-
ner in the business shall be disclosed. A true copy of the partnership
agreement and any amendments thereto shall be submitted with the application;
and if the partnership is required to file a certificate as to a tradename
under the provisions of Chapter 333, Minnesota Statutes, a copy of such certi-
ficates certified by the Clerk of District Court shall be attached to the
application.
4.5 If the applicant is a corporation or other organization and is applying
for an lion-sale," "on -sale wine," or "off-sale" license, the following:
4.5(1) Name, and if incorporated, the date and state of incorporation. If the
applicant is another type of organization, the date and state of creation
of the organization.
4.5(2) A true copy of the Certificate of Incorporation, Articles of Incorporation,
or Association Agreement and Bylaws, and any amendments to any of the
foregoing; and if a foreign corporation, a Certificate of Authority as
amended, and as described in Chapter 303, Minnesota Statutes. If the
applicant is an organization other than a corporation, all agreements and
other documents which relate to the creation, operation, management or
governance of the organization, and the respective rights and obligations
of the members of the organization, as well as any amendments to any of the
foregoing.
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4.5(3) The name of the manager(s) or proprietor(s) or other agent(s) in charge of
the premises to be licensed during all hours of operation, the assistant
manager(s), the food manager(s), and the beverage manager(s), giving all
information about said person(s) as is required of a single applicant in
subsection 4.3 above.
4.5(4) Notwithstanding the definition of interest as given in Section 9.11 of this
Ordinance, the application shall contain a list of all persons who singly,
or together with their spouse, or a parent, brother, sister or child of
either of them, directly, indirectly or beneficially, owned control in
excess of 5% of any class of stock or other interest in the corporation,
including any options, warrants or conversion privileges, or, if the appli-
cant is an organization other than a corporation, 5% of any type of inter-
est in the organization, or who are officers or directors of said corpora-
tion or association, together with their addresses and all information as
is required of a single applicant in subsection 4.3-of this Section, except
that applications for "off-sale" shall not be subject to the 5% limitation,
and shall list all persons who own or control any interest in said corpor-
ation.
4.6 If the application is for an "on-sale" Club license, the following information:
4.6(1) The name of the club.
4.6(2) Date the club was first incorporated. True copies of the Articles of
Incorporation, Bylaws and other similar governing documents, as well as any
amendments to any of the foregoing, and the name ' s and street addresses of
all officers, executive committee members, directors and persons in similar
capacities shall be submitted for each of the organizations named in sub-
section 4.6(1) above.
4.6(3) Date the club was first organized and place of such organization.
4.6(4) Sworn statement that the club has been in existence for more than fifteen
(15) years. The statement shall be made by a person who has personal
knowledge of the facts stated therein. In the event that no person can
make such a statement, satisfactory documentary proof may be submitted in
support of such facts.
4.6(5) The name of the manager(s), proprietor(s) or other person(s) who shall be
in charge of the licensed premises during all hours of operation together
with the same information concerning such person as is required of a single
applicant for an on-sale license as is set forth in subsection 4.3 above.
4.7 The exact legal description of the premises to be licensed together with a
plot plan of the area showing dimensions, location of buildings, street ac-
cess, parking facilities and the locations of distances to the nearest church
building and school grounds.
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4.8 The floor number and street number where the sale of
to be conducted and the rooms where liquor is to be
applicant for an on-sale license shall submit a floor
or dining rooms which shall be open to the public,
shall indicate the number of persons intended to be
rooms.
intoxicating liquors is
sold or consumed. An
plan of the dining room,
shall show dimensions and
served in each of said
4.9 If a permit from the federal government is required by the Laws of the United
States, whether or not such permit has been issued, and if so required, in
what name issued and the nature of the permit.
4.10 The amount of the investment that the applicant has in the business, building,
premises, fixtures, furniture, stock in trade, etc. and proof of the source of
such money.
4.11 The names and addresses of all persons, other than the applicant, who have any
financial interest in the business, buildings, premises, fixtures, furniture,
stock in trade, the nature of such interest, amount thereof, terms of payment,
or other reimbursement. This shall include, but not be limited to, any les-
sees, lessors, mortgagors, lendors, lien holders, trustees, trustors, and
persons who have consigned notes or otherwise loaned, pledged, or extended
security for any indebtedness of the applicant.
4.12 The names, residences, and business address of three persons, residents of
Dakota County, of good moral character, not related to the applicant or finan-
cially interested in the premises or business, who may be referred to as to
the applicant's character, or in the case of a manager, the manager's char-
acter.
4.13 Whether or not all real estate, personal property taxes and special assess-
ments for the premises to be licensed which are due and payable have been
paid, and if not paid, the years and amounts which are unpaid.
4.14 Whenever the application for onsale license to sell intoxicating liquor, or
for a transfer thereof, is for premises either planned or under construction
or undergoing substantial alteration, the application shall be accompanied by
a set of preliminary plans showing the design of the proposed premises to be
licensed. If the plans or design are on file with the Code Enforcement
Officer, no plans need to be filed with the City Clerk.
4.15 Such other information as the City Council shall require.
SECTION 5. RENEWAL APPLICATION
5.1 Application for the renewal of an existing license shall be made at least
sixty (60) days prior to the date of expiration of the license and shall be
made in such abbreviated form as the City Council may approve. If, in the
judgment of the City Council, good and sufficient cause is shown by an appli-
cant for his failure to file for a renewal within the time provided, the City
Council may, if the other provisions of this Ordinance are complied with,
grant the application.
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5.2 At the earliest practicable time after application is made for a renewal of an
on-sale license, and in any event prior to the time that the application is
approved by the City Council, the.applicant shall file with the City Clerk a
statement made by a certified public accountant that shows the total gross
sales and the total food sales of the restaurant for the twelve (12) month
period immediately preceding the date for filing the renewal application. A
foreign corporation shall file a current Certificate of Authority.
SECTION 6. EXECUTION OF APPLICATION
6.1 If the application is by a natural person, it shall be signed and sworn to by
such person; if by a corporation, by an officer thereof; if by a partnership,
by one of the partners; if by an unincorporated association, by the manager or
managing officer thereof. If the applicant is a partnership, the application,
license, bond and insurance shall be made and issued in the name of all
partners.
SECTION 7. LICENSE FEES
7.1 Amount - the annual license fees shall be:
7.1(1) "On-Sale" license - $10,000.00.
7.1(2) "On-Sale" Club license - $200.00.
7.1(3) "On-Sale" Wine license - $2,000.00.
7.1(4) "Off-Sale" license - $150.00.
7.1(5) Reserved.
7.2 The annual license fee shall be paid in full before the application for a
license is accepted. All fees shall be paid into the General Fund of the
City. Upon rejection of any application for a license or upon withdrawal of
application before approval of the issuance by the City Council, the license
fee shall be refunded to the applicant except where rejection is for a willful
misstatement in the license application.
7.3 The fee for all on-sale licenses granted after the commencement of the license
year shall be prorated on a semi-annual basis.
7.4 When the license is for premises where the building is not ready for occu-
pancy, the time fixed for computation of the license fee for the initial
license period shall be ninety (90) days after approval of the license by the
City Council or upon the date the building is ready for occupancy, whichever
is sooner.
7.5 No transfer of a license shall be permitted from place to place or person to
person without complying with the requirements of an original application
except as provided by subsection 7.9 of this section or as otherwise provided
herein. Where a new application is filed for a transfer of license from place
to place and is for premises where the building was not ready for occupancy at
LIQUOR ORDINANCE -8-
the time of the original application and the new application is filed within
ninety (90) days after approval of.the original license by the City Council
but before a Certificate of Occupancy for the original location has been
issued, no additional license fee is required and the investigating fee shall
be as specified in subsection 7.8 of this section.
7.6 No part of the fee paid for any license shall be refunded except in accordance
with this section or except as may be authorized by resolution of the City
Council pursuant to Minnesota Statute 340.112.
7.7 At the time of each original application for a license, except in the case of
an "On-Sale" Club license and except as provided in subsection 7.5 above, the
applicant shall deposit $500.00 with the City for the investigation fee. if
the investigation is conducted solely within the State of Minnesota, the fee
shall be $500.00. For investigations conducted in whole or in part outside
the State of Minnesota, the City may recover the actual investigation costs,
not to exceed $10,000.00. Any fees due in excess of the $500.00 deposit must
be paid prior to the license hearing and before the City Council considers the
application. No investigation fee shall be refunded.
7.8 At any time that an additional investigation is required because of a change
in the ownership or control of a corporation, partnership, organization or
other entity because of an enlargement, alteration, or extension of premises
previously licensed; or because of a transfer from place to place, which
transfer comes within the exception expressed in subsection 7.5 above, the
licensee shall pay an additional license fee to be determined as in subsection
7.7 above. If any person not previously listed as having an interest of five
percent or more of the corporation gains at least 50 percent of the ownership
of the corporation, partnership, organization or other entity the additional
investigation f ' ee shall be the same as in subsection 7.7. In all other cases,
the additional investigation fee shall be $100.00. No investigation fee shall
be refunded.
7.9 Where a new application is filed as a result of incorporation by an existing
licensee and the ownership, control, and interest in the license are un-
changed, no additional license fee will be required.
SECTION 8. GRANTING OF LICENSES
8.1 All applications for a license shall be referred to the City Clerk and the
Chief of Police and to such other City departments as the City Administrator
shall deem necessary for verification and investigation of the facts set forth
in the application. The City Clerk and the Chief of Police shall cause to be
made such investigation of the information requested in Section 4.3 of this
Ordinance as shall be necessary and shall make a written recommendation and
report to the City Council, which shall include a list of all violations of
federal or state law or municipal ordinance. The City Council may order and
conduct such additional investigation as it shall deem necessary. Upon re-
ceipt of the written report and recommendation by the City Clerk and the Chief
of Police and within 20 days thereafter, the City Council shall instruct the
City Clerk to cause to be published in the official newspaper at least ten
days in advance, a notice of a hearing to be held by the City Council setting
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forth the day, time and place when the hearing will be held, the name of the
applicant; the premises where the business is to be conducted; the nature of
the business and such other information as the City Council may direct. At
the hearing, opportunity shall be given to any person to be heard for or
against the granting of the license. A license other than a renewal shall not
be approved before the next regular meeting of the City Council following such
hearing.
8.2 Not less than ten days nor more than 30 days after the submission of any
renewal application, the City Council shall hold a public hearing. Notice of
the time and place of said meeting and the fact that the renewal application
will be considered shall be published in the official newspaper at least ten
(10) days in advance of the hearing. Opportunity shall be given to any person
to be heard for or against the granting of a renewal license. The Council
shall thereafter grant or refuse the application in its discretion.
8.3 Each license shall be issued to the applicant only. Each license shall be
issued only for the premises described in the application. With the approval
of the City Council and of the State Public Safety Commissioner, a licensee
may store excess stocks of intoxicating liquor in places other than the li-
censed premises. The place of storage shall be located within the building in
which the licensed premises is located. The location of the storage place,
the length of time it is proposed to store liquor in such place, the quantity
of liquor stored and removal from the.storage place shall be reported in
writing to the City Clerk. No license may - be transferred to another person or
to another place without complying with the requirements of an original appli-
cation including the approval of the City Council and the Public Safety Com-
missioner as required except as provided by subsections 7.5 and 7.9 of this
Ordinance.
8.4 The City Clerk shall within ten days after the issuance of any license under
this Ordinance submit to the Public Safety Commissioner the full name and
address of each person granted a license, the trade name, the effective date,
and the date of expiration of the license. He shall also submit to the Public
Safety Commissioner any change of address, transfer, cancellation or revoca-
tion of any license by the Council during the license period.
8.5 "On-Sale" Wine license approved by the Council shall not become effective
until it, along with the security furnished by the applicant, has been ap-
proved by the Commissioner of Public Safety.
8.6 "Off-Sale" licenses approved by the Council shall not be effective until
approved, together with the security furnished by the applicant, by the Com-
missioner of Public Safety.
8.7 Where a license is granted for premises where the building is under construc-
tion or otherwise not ready for occupancy, the license shall not be delivered
to the licensee until a certificate of occupancy has been issued and the
building is ready for occupancy.
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SECTION 9. PERSONS INELIGIBLE FOR LICENSE
No license shall be granted to or held by any person:
9.1 Who is a minor.
9.2 Who is not of good moral character.
9.3 Who, if an individual, is not a citizen of the United States.
9.4 Who has been convicted, within fifteen (15) years prior to the application for
such license, of any willful violation of any law of the United States, the
State of Minnesota, or any other State or Territory, or of any local ordinance
regarding: a.) the manufacture, sale, distribution or possession for sale or
distribution of intoxicating liquor, otherwise involving dishonesty or moral
turpitude, or b.) whose liquor license has been revoked for any willful viola-
tion of any law or ordinance.
9.5 Who is a manufacturer or wholesaler of intoxicating liquor. No manufacturer
or wholesaler shall either directly or indirectly own or control or have any
financial interest in any retail business selling intoxicating liquor.
9.6 Who is directly or indirectly interested in:
9.6(1) Any other establishment in the City to which an off-sale license has been
issued under this Ordinance. No person shall own an interest, as defined in
subsection 9.11 of this Ordinance in more than one establishment or business
for which an off-sale license has been granted under this Ordinance.
9.6(2) Two establishments in the City to which on-sale licenses have been issued
under this Ordinance. No person shall own an interest, as defined in subsec-
tion 9.11 of this section in more than two establishments or businesses for
which on-sale licenses have been granted under this Ordinance.
9.7 Who, if a corporation, does not have a manager who is eligible . pursuant to the
provisions of this section.
9.8 Who is the spouse of a person ineligible for a license pursuant to the provi-
sions of subsection 9.4, 9.5, or 9.6 of this Ordinance, or who, in the judg-
ment of the City Council, is not the real party in interest or beneficial
owner of the business operated, or to be operated, under the license.
9.9 No "On-Sale," "On-Sale" Wine, or "Off-Sale" license will be renewed if:
9.9(1) In the case of an individual, the licensee is not a resident of the metro-
politan area at the time of the date for renewal or if the licensee has
management responsibilities at any other establishment in the City to which
a license has been granted under this Ordinance.
9.9(2) In the case of a partnership, the partners who according to the partnership
agreement are entitled to participate in the management and conduct of the
business are not residents of the metropolitan area at the time of the date
for renewal or if any such partner has management responsibilities at any
other establishment within the City to which a license has been granted
under this Ordinance.
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9.9(3) In the case of a corporation, the person to whom the corporation has
committed the management, general conduct, and control of the affairs of
the establishment to be licensed is not a resident of the metropolitan area
at the time of the date for renewal or if such person has such management
responsibilities at any other establishment within the City to which a
license has been granted under this Ordinance.
9.10 The time for establishing residence within the metropolitan area may for good
cause be extended by the City Council. For the purpose of this paragraph, the
term metropolitan area shall be the area so defined by the Minnesota Legisla-
ture in M.S.A. 473.02 as of the date of passage of this Ordinance.
9.11 The term interest as used'in this Ordinance includes any pecuniary interest in
the ownership, operation, management, or profits of a retail liquor establish-
ment including any and all classes of stock which a corporation may have
issued, as well as any options or warrants for stock or conversion privileges,
but does not include bona fide loans; bona fide fixed sum rental agreements;
bona fide open accounts or other obligations held with or without security
arising out of the ordinary and regular course of business of selling or
leasing leasing merchandise, fixtures or supplies to such establishment; or an inter-
est of ten percent or less in any corporation holding a license. A person who
receives monies from time to time directly or indirectly from a licensee in
the absence of a bona fide consideration therefor and excluding bona fide
gifts or donations, shall be deemed to have a pecuniary interest in such
retail license. In determining bona fide, the reasonable value of the goods
or things received as consideration for any payment by the licensee and all
other facts reasonable tending to prove or disprove the existence of any
purposeful scheme or arrangement to evade the prohibitions of this section
shall be considered.
SECTION 10. PLACES INELIGIBLE FOR LICENSE
10.1 No license shall be granted or renewed for operation on any premises on which
taxes, assessments, or other financial claims of the City or of the State are
due, delinquent, or unpaid. In the event an action has been commenced pur-
suant to the provisions of Chapter 278, Minnesota Statutes questioning the
amount or validity of taxes, the Council may on application by the licensee
waive strict compliance with this provision. No waiver may be granted, how-
ever, for taxes or any portion thereof, which remain unpaid for a period
exceeding one year after becoming due.
10.2 No "off- sale"
district other
10.3 No "off- sale"
licensed conta
license shall be granted to any premises located in any zoning
than a "B-4" Shopping Center District.
license shall be granted unless the premises proposed to be
ins the following requirements:
A. A minimum of 2500 square feet on the ground floor level for sales and
display area; and
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B. A minimum of 500 square feet of ground floor area, screened from the
display area, or basement level area of the licensed premises for storage
purposes.
10.4 No "on-sale," "on-sale" wine or "off-sale" license shall be granted to any
hotel, restaurant or exclusive liquor store for premises located within 1,000
feet of a School or 800 feet of any church. In the case of a School, the
distance is to be measured in a straight line from the parcel or lot upon
which the School is located. In the case of a church, the distance shall be
measured to the nearest point of the church building. The erection of a
school or church within the prohibited area after an original application has
been granted shall not, in and of itself, render such premises ineligible for
renewal of a license.
10.5 No license shall be issued for the premises owned by a person to whom a
license may not be granted under this Ordinance, except any owner who is a
minor, alien, or a person who has been convicted of a crime other than a
violation of Minnesota Statutes, Sections 340.07 through 340.40.
10.6 No license shall be granted for a restaurant that does not have a dining area,
open to the general public, with a total minimum floor area of 4000 square
feet or for a hotel that does not have a dining area, open to the general
public, with a total minimum floor area of 2000 square feet. No on-sale wine
license shall be granted for a restaurant that does not have a dining area,
open to the public, with a total minimum floor area of 1000 square feet.
10.7 No license shall be granted for any place for which an intoxicating liquor
license has been granted under this Ordinance. For the purposes of this
subsection, the term place shall be construed to mean the confines for which a
license was granted.
10.8 No license shall be granted for any place which has a common entrance or exit
with another establishment except that a public concourse or public lobby
shall not be construed as a common entrance or exit.
SECTION 11. CONDITIONS OF.LICENSE
11.1 Every license shall be granted subject to the conditions of the following
subsections and all other sections of this Ordinance, and of any other appli-
cable ordinance of the City or State law.
11.2 The license shall be posted in a conspicuous place in the licensed esta-
blishment at all times.
11.3 Every licensee shall be responsible for the conduct of his place of business
and the conditions of sobriety and order in the place of business and on the
premises.
LIQUOR ORDINANCE -13-
11.4 No on-sale licensee shall sell intoxicating liquor off-sale, and no off-sale
licensee shall sell intoxicating liquor on-sale or permit the consumption of
any liquor on the licensed premises.
11.5 No license shall be effective beyond the limitations of the physical space
specified in the license for which it,was granted.
11.6 No intoxicating liquor shall be sold or furnished or delivered to any intoxi-
cated person, to any habitual drunkard, to any minor, or to any person to whom
sale is prohibited by State Law.
11.7 No minor shall be employed in a room where on-sales are made unless accom-
panied by his parent or guardian or employed to perform the duties of a busboy
or dishwasher or when employed as a musician.
11.8 No minor shall be employed at an off-sale liquor establishment or shall be
employed to deliver or aid in the delivery of off-sale liquor..
11.9 No licensee shall keep, possess, or operate or permit the keeping, possession,
or operation of any slot machine, dice, or any gambling device or apparatus on
the licensed premises.
11.10 No licensee shall knowingly permit the licensed premises or any room in those
premises or any adjoining building directly under his control to be used as a
resort for prostitutes.
11.11 No equipment or fixture in any licensed place shall be owned in whole or in
part by any manufacturer or distiller of intoxicating liquor except such as
shall be expressly permitted by State Law.
11.12 The granting of any license under this Ordinance shall be conditioned upon the
applicant, by presenting his application for license, granting to the City,
the unqualified right for any police officer, building inspector, 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.
11.13 No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors
in any original package which has been refilled or partly refilled. No licen-
see shall directly or through any other person delete or in any manner tamper
with the contents of any original package so as to change its composition or
alcoholic content while in the original package. Possession on the premises
by the licensee of any intoxicating liquor in the original package differing
in composition or alcoholic content in the liquor when received from the
manufacturer or wholesaler from whom it was purchased, shall be prima facie
evidence that the contents of the original package have been tampered with.
11.14 No on-sale liquor establishment shall display liquor to the public during
hours when the sale of liquor is prohibited by this Ordinance.
11.15 No licensee shall apply for or possess a federal wholesale liquor dealer's
special tax stamp or a federal gambling stamp.
LIQUOR ORDINANCE -14-
11.16 No licensee shall keep ethyl alcohol or neutral spirits on any licensed pre-
mises or permit their use on the premises as a beverage or for mixing with a
beverage.
11.17 The business records of the licensee, including Federal and State tax returns,
shall be available for inspection by the City Clerk, or other duly authorized
representative of the City or the City Council at all reasonable times.
11.18 Changes in the corporate or association officers, directors, corporate char -
ger, Articles or Incorporation, By-Laws, or partnership agreement, or any
agreement governing any other type of organization described in subsection
4.5, as the case may be, shall be submitted to the City Clerk within 30 days
after such changes are made. Notwithstanding the definition of interest as
given in Section 9.11 of this Ordinance, in the case of a corporation or other
organization the licensee shall notify the City Clerk when a person not listed
in the application acquires an interest, as described in subsection 4.5, which
together with that of his spouse, parent, brother, sister or child exceeds
five percent or causes the sum of all such interest to increase by 5% or more
and shall give all information about said person as is required of a person
pursuant to the provisions of Section 3 of this Ordinance, except that "off -
sale" licensees shall report any change of interest.
11.19 A restaurant shall be conducted in such a manner that the principal part of
the business for a license year is the serving of foods. A hotel shall be
conducted in such a manner, that, of that part of the total business attribut-
able to or derived from the serving of foods and intoxicating liquors, the
principal part of the business for a license year is the serving of foods.
11.20 Off-sale licensees shall operate their premises in such a manner that four
foot wide aisles are maintained in the sales and display areas at all times.
Case-lot storage and display shall not be permitted in the sales and display
areas. Storage shall be adequately screened from public view and shall occur
only in areas designated for storage.
11.21 No off-sale licensee, his agent or employee shall deliver any intoxicating
liquor to or at any place or premises without obtaining a receipt therefore,
signed by the person receiving such liquor and bearing the time, date and
place of delivery. Such receipts shall be kept in the files of the licensee
for a period of one year and such files and receipts shall be kept available
for inspection by the City Clerk or designated City employee at all hours
during which the licensed premises is open for business.
11.22 At the time of application for renewal of any intoxicating liquor license, the
applicant shall submit proof to the City that not less than 40 percent of the
gross sales of the establishment for which the on-sale license is to be used
is in the serving of food.
11.23 At the time licensee submits application for license renewal, he shall state
the nature or amount of any contribution he has made for political or campaign
purposes, the person to whom the contribution was made and the person or
organization for whom intended.
LIQUOR ORDINANCE
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SECTION 12 RESTRICTED HOURS OF OPERATION
12.1 Definition - Restricted hours of operation as used herein shall mean the times
when no sales or serving of intoxicating liquor shall be made in the City of
Mendota Heights.
12.2 Restricted hours of operation shall be as follows:
')Christ- NO sales between 12:45 A.M. NO sales before 11:00 NO sales
mas Day, and 10:00 A.M. A.M. or after 11:00 P.M.
December 25*
*NOTE: Onsale establishments may operate at appropriate hours on these
days except that the hours listed herein shall not be deemed to
allow the operation of an establishment onsale when otherwise
prohibited by this section. On the evenings preceding such days,
when not a Sunday, offsales may be made until 10:00 P.M., except
that no offsales may be made on December 24th after 8:00 P.M.
Restricted Hours for
On-Sale Club and
Restricted Hours
Restricted Hours
On-Sale Intoxicating
for On-Sale Wine
for Off-Sale Liquor
Liquor Establishments
Establishments
Establishments
Monday
NO sales before 10:00 A.M.
NO sales before 11:00 A.M.
NO
sales
before 8:00
A.M.
or after 10:00 P.M.
or
after
9:00 P.M.
Tuesday
NO sales between 12:45 A.M.
NO sales between 10:00
NO
sales
before 8:00
A.M.
Through
and 10:00 A.M.
P.M. and 11:00 A.M.
or
after
9:00 P.M.
Thursday
Friday
NO sales between 12:45 A.M.
NO sales between 12:01
NO
sales
before 8:00
A.M.
and 10:00 A.M.
A.M. and 11:00 A.M.
or
after
10:00 P.M.
Saturday
NO sales between 12:45 A.M.
NO sales between 12:01
NO
sales
before 8:00
A.M.
and 10:00 A.M.
A.M. and 11:00 A.M.
or
after
10:00 P.M.
Sunday
NO sales after 12:45 A.M.
NO sales before 11:00
NO
sales
A.M. or after 10:00 P.M.
New Year's
NO sales between 12:45 A.M.
NO sales before 11:00
NO
sales
Day, Jan-
and 10:00 A.M.
A.M. or after 11:00 P.M.
uary l*
Indepen-
NO sales between 12:45 A.M.
NO sales before 11:00 A.M.
NO
sales
dence Day,
and 10:00 A.M.
or after 11:00 P.M.
July 4*
Thanks-
NO sales between 12:45 A.M.
NO sales before 11:00
NO
sales
giving
and 10:00 A.M.
A.M. or after 11:00 P.M.
Day
Christ-
NO sales before 10:00 A.M.
NO sales before 11:00
NO
sales
before 8:00
mas Eve,
or after 8:00 P.M.
A.M. or after 8:00 P.M.
A.M. or after 8:00 P.M.
Dec. 24
')Christ- NO sales between 12:45 A.M. NO sales before 11:00 NO sales
mas Day, and 10:00 A.M. A.M. or after 11:00 P.M.
December 25*
*NOTE: Onsale establishments may operate at appropriate hours on these
days except that the hours listed herein shall not be deemed to
allow the operation of an establishment onsale when otherwise
prohibited by this section. On the evenings preceding such days,
when not a Sunday, offsales may be made until 10:00 P.M., except
that no offsales may be made on December 24th after 8:00 P.M.
LIQUOR ORDINANCE -16-
12.3 No "on-sale" licensee shall permit the consumption or display of any beverages
containing more than one-half of one percent of alcohol by volume on his
premises during the hours when the sale of such beverage is prohibited by this
ordinance; provided, however, that the licensee shall be allowed a thirty (30)
minute period following the closing hour to clear the premises of customers
who were present at the closing hour; and such customers may consume any such
beverage purchased by them before the closing hour. All customers and non-
working employees shall be cleared of the premises by thirty (30) minutes past
the closing hour.
SECTION 13 PUBLIC CHARACTER OF LIQUOR SALES
No sales of intoxicating liquor shall be made to or in guest rooms of hotels, unless
the rules of such hotel provide for the service of meals in guest rooms; unless the
sale of such intoxicating liquor is made in the manner in which on-sale is required
to be made; unless such sale accompanies and is incident to the regular service of
meals to guests therein; unless the rules of such hotel and the description, location
and number of such guest rooms are fully set out in the application for a license.
SECTION 14 CLUBS
No club holding an "on-sale" club license shall sell intoxicating liquor except to
members and guests of the club.
SECTION 15 RESTRICTIONS INVOLVING MINORS
15.1 No licensee, his agent or employee, shall serve or dispense upon the licensed
premises any intoxicating liquor or nonintoxicating malt liquors to any minor;
nor shall such licensee, his agent or employee, permit any minor to be fur-
nished with or to consume any such liquors on the licensed premises; nor shall
such licensee, his agent or employee, permit any minor to be delivered any
such liquors.
15.2 No minor shall misrepresent his age for the purpose of obtaining intoxicating
liquor or nonintoxicating malt liquor nor shall he enter any premises licensed
for the retail sale of intoxicating liquor or nonintoxicating malt liquor for
the purpose of purchasing or having served or delivered to him for consumption
of any such intoxicating liquor or beer nor shall any person purchase, attempt
to purchase, consume, or have another person purchase for him any intoxicating
liquor or beer.
15.3 No minor shall receive delivery of intoxicating liquor.
15.4 No person shall induce a minor to purchase, procure, or obtain intoxicating
I liquor or nonintoxicating malt liquor.
15.5 Proof of age for purposes of consuming, purchasing, or possessing an alcoholic
beverage, the consumption, sale, or possession of which is regulated by age
may only be established by a valid driver's license, a current nonqualifica-
tion certificate, or a Minnesota Identification Card issued pursuant to
Minnesota Statutes, Section 171.07.
LIQUOR ORDINANCE
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15.6 Any person who may appear to the licensee, his employees or agents, to be a
minor shall, upon demand of the licensee, his employee or agent, produce and
permit to be examined his driver's license, current nonqualification certifi-
cate, or Minnesota Identification Card.
SECTION 16 OTHER RESTRICTIONS ON PURCHASE OR CONSUMPTION
16.1 No person shall give, sell, procure or purchase intoxicating liquor to or for
any person to whom the sale of.intoxicating liquor is forbidden by law.
16.2 No person shall consume or mix or prepare intoxicating liquor for consumption
in any public place not licensed in accordance with the ordinance of the City
of Mendota Heights and the State of Minnesota..
16.3 No intoxicating liquor shall be sold or consumed on a public highway or in any
automobile.
SECTION 17 BOND
17.1 Bonds, Insurance or Deposit Required - At the time of filing for , an applica-
tion for intoxicating liquor license, the applicant shall file a bond with
corporate surety, or in lieu thereof cash or negotiable United States govern-
ment bonds; and a liability insurance policy shall be deposited with the City
Clerk. Such bond, cash or negotiable government bonds shall be in the amount
of $5,000 for an "on-sale" or lion-sale" wine license, shall be in the amount
of $2,000 for an "on-sale" club license and shall be in the amount of $3,000
for an "off-sale" license. Such insurance policy shall be in the amount
specified in subsection 17.5 of this Section.
17.2 Approval of bond and insurance - The surety bonds and insurance policies
required by Section 17.1 of this Section shall be subject to the approval of
the City Council and in the case of applicants for "on-sale" wine or "off-
sale" licenses by the State Commissioner of Public Safety.
17.3 Procedure where cash or government bonds are used - If the applicant uses cash
for security, it shall be deposited with the City Clerk. If United States
government bonds are permitted and are used as such security, a properly
executed assignment agreement in form approved by the City Attorney shall
accompany them and they shall be filed with the City Clerk. The licensee
shall be permitted to clip and take all coupons thereto attached as they
become due.
17.4 Surety or insurance companies - The surety on such bond and insurer on such
liability insurance policy, shall be a surety company or insurance company, as
the case may be, duly licensed to do business in the State of Minnesota and
the bond and liability insurance policy shall be approved as to form and
execution by the City Attorney. All surety bonds and liability insurance
policies, when approved by the proper City or State officers, shall be filed
with the City Clerk.
17.5 Amount and terms of insurance - Such liability insurance policy shall be in
the amount of $250,000 coverage for one person, $500,000 coverage for more
than one person, or a $500,000 combined single limit, and shall specifically
provide for the payment by the insurance company on behalf of the insured of
LIQUOR ORDINANCE -18-
all sums which the insured shall become obliged to pay by reason of liability
imposed upon him by law for injuries or damages to persons other than em-
ployees, including the liability imposed upon the insured by reason of Sec-
tion 340.95, Minnesota Statutes. Such liability insurance policy shall fur-
ther provide that no cancellation for any cause can be made either by the
insured or the insurance company without first giving ten (10) days notice to
the City in writing of intention to cancel the same addressed to the City
Clerk. Further, it shall provide that no payment of any claim by the insurance
company shall in any manner decrease the coverage provided for in respect to
any other claim or claims brought against the insured or company thereafter.
Such policy shall be conditioned that the insurer shall pay, to the extent of
the principal amount of the policy, any damages for death or injury caused by,
or resulting from the violation of any law relating to the business for which
such license has been granted. The licensee and the City shall be named as
joint insureds on the liability insurance policy. The operation of any li-
censed establishment without having on file at all times with the City, and in
full force and effect, the liability insurance policy herein referred to shall
be grounds for immediate revocation of the license.
17.6 Terms of bonds - All such bonds shall be conditioned as follows:
17.6(1)
That the licensee will obey
the laws relating to such licensed business.
17.6(2)
That the licensee will pay
to the City
when due all taxes, license fees,
penalties and other charges
provided by
law.
17.6(3)
That in the event of violation of any
law relating to the business for
which the license has been
granted for
the sale of liquor, the bond shall
be forfeited to the City.
17.6(4) That the licensee will pay, to the extent of the principal amount of such
bond, any damages for death or injury by, or resulting from the violation
of any law relating to the business for which such license has been granted
and that such recovery may be had also against the surety on his bond.
17.7 Benefit of bond - Such bonds shall be for the benefit of the City, as obligee,
and of all persons suffering damages under the conditions set forth in subsec-
tion 17.6 of this Section. The amount specified in any bond is declared to be
a penalty, and the amount recoverable shall be measured by the actual damages.
The surety shall not be liable in excess of the penal amount of the bond. In
case of forfeiture of any bond for violation of the law, the District Court of
Dakota County may forfeit the penal sum of such bond to the City.
17.8 Deposit of U.S. Bonds - If negotiable United States government bonds are
deposited with the City Clerk instead of a bond with a corporate surety, such
bonds shall be accompanied by a properly executed assignment, in form approved
by the City Attorney, assigning such government bonds to the City, to be held
subject to the conditions, forfeiture and penalties provided by the laws of
the State of Minnesota and this Ordinance. Such assignment shall also contain
a stipulation and agreement that such bonds shall remain with the City Clerk,
subject to the terms and conditions of such assignment and such State laws,
during the term of the license in connection with which such government bonds
may, with the approval of the.City Council, be returned by the City Clerk to
the licensee.
LIQUOR ORDINANCE
_19-
17.9 Deposit of Cash - In the event the applicant deposits cash in lieu of surety
bond, the deposit of such cash shall be accompanied by a written agreement and
assignment upon the part of the licensee, in form approved by the City Attor-
ney, wherein the licensee assigns such deposit to the City, to be held by the
City Clerk subject to the conditions, forfeitures, and penalties required by
the laws of the State of Minnesota and this Ordinance, for the period of the
license in connection with which such deposit is made, and for three years
thereafter, at which time such deposit may be returned, with the approval of
the City Council, by the City Clerk to the licensee.
17.10 Affidavit required for return of U.S. bonds or cash - Upon application for
return of United States government bonds or cash as provided for in this
Section, the licensee shall file with the City Clerk an affidavit stating that
no action or proceedings has been commenced in any Court for the forfeiture of
such bonds or deposit, or for damages to any person or persons under the terms
and conditions thereof, and that the licensee has no knowledge of any existing
claim or abuse of action under the terms and conditions of the assignment and
agreement relating to such government bonds or cash deposit.
SECTION 18 REVOCATION
18.1 The City Council may suspend or revoke any license for the sale of intoxi-
cating liquor for the violation of any provision or condition of this Ordi-
nance or of any State law or federal law regulating the sale of intoxicating
liquor, shall revoke such license for any willful violation which, under the
laws of the State is grounds for man ' datory revocation, and shall revoke for
failure to keep the bond, insurance or other deposit required by Section 17 of
this Ordinance in full force and effect.
18.2 Except in the case of a suspension pending a hearing on revocation, revocation
or suspension by the Council shall be preceded by a 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, without any notice, suspend
any license pending a hearing on revocation for a period not exceeding 30
days. The notice may be served upon the licensee personally or by leaving the
same at the licensed premises with the person in charge thereof. No suspen-
sion shall exceed 60 days.
SECTION 19 LICENSING OF EMPLOYEES
19.1 No person shall work as a manager, bartender, cocktail waitress, clerk, deliv-
ery man, or in any other capacity where such person sells, serves or delivers
intoxicating liquor in or from premises licensed under this Ordinance, and no
licensee shall permit any such person to be so employed, unless such person,
within seven days after being first employed, shall apply for a license to
engage in such business. No person may be so employed for any length of time
if his license is denied or revoked. This Section shall not apply to persons
employed in establishments licensed pursuant to Section 1.2 of this Ordinance
described as bona fide clubs.
19.2 No person shall make off-sale deliveries of intoxicating liquor in the origi-
nal package within the City unless such person has obtained a license as an
employee.
LIQUOR ORDINANCE
am
19.3 An application for such license shall be filed with the City Clerk upon forms
provided by the City, and such application shall be verified under oath and
shall contain the following information:--
19.3(1) The names and addresses of two residents of Dakota County, Minnesota, who
have known the applicant for a period of two years and who will vouch for
the sobriety, honesty, and general good character of the applicant.
19.3(2) A concise history of the applicant's previous employment.
19-3(3) The record, if any, of arrests and of convictions for crimes and misde-
meanors other than traffic offenses.
19.4 The annual license fee shall be $9.00 and shall be paid at the time of the
application. The license shall expire on the anniversary of the date of
application and shall be renewed at that time.
19.5 The application shall be referred to the Police Department who shall investi-
gate the facts set forth in the application and shall make a written report at
the earliest practicable time. The report shall include a statement indicat-
ing the department's comments and recommendation. If the Police Department
recommends that such a person be licensed, the City Clerk shall issue the
license forthwith. If the Police Department or City Clerk recommends that the
license not be issued, that applicant upon request shall be entitled to a
hearing before the City Council and may offer evidence to prove the license
should be issued.
19.6 No person shall be issued a license if it appears that the applicant has
committed an act which is a willful violation of Minnesota Statutes, Sections
340.07 through 340.40, which are crimes directly related to the occupation
herein licensed, as defined by Minnesota Statutes, Section 364.03, Subdivision
2, and has not shown competent evidence of sufficient rehabilitation and
present fitness to perform the duties of the occupation to which this license
applies as defined by Minnesota Statutes, Section 365.03, Subdivision 3.
19.7 Any license issued hereunder may be revoked for any violation of this Article
or of Minnesota Statutes, Sections 340.07 through 340.40, or for conviction of
any crime or misdemeanor involving moral turpitude so long as said conviction
directly relates to the occupation herein licensed, as defined by M.S.A.
364.03, Subdivision 2.
SECTION 20 ENLARGEMENT, ALTERATIONS OR EXTENSION OF PREMISES
20.1 Proposed enlargement, alteration or extension of premises previously licensed
shall be reported to the City Clerk at or before the time application is made
for a building permit for any such change and the licensee shall also give
such information as is required by Sections 4.7, 8, 10 and 11 of this Ordi-
nance.
LIQUOR ORDINANCE -21-
SECTION 21 LICENSE YEAR
21.1 All intoxicating liquor licenses shall expire on June 30th.
SECTION 22 NUMBER OF LICENSES
22.1 Not more than six (6) "on- sale" licenses shall be in existence at any one
time.
22.2 Not more than two (2) "on-sale" Club licenses shall be in existence at any one
time.
22.3 Not more than six (6) "off-sale" licenses shall be in existence at any
one time.
SECTION 23 COORDINATION OF PROVISIONS
23.1 Where a provision of any other ordinance of the City conflicts with the
provisions of this Ordinance, the provisions of this Ordinance shall prevail.
SECTION 24 PENALTY
24.1 Any person violating any provisions of this Ordinance may be guilty of a
misdemeanor and upon conviction may be punished by a fine of not more than
five hundred dollars ($700.00) or imprisoned for not more than ninety (90)
days or both, plus the cost of prosecution in any case.
SECTION 25
This Ordinance shall be in full force and effect from and after its publication
according to law.
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En�jted by the City Council of the City of Mendota Heights this Zdt6 day of
1984.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST:
K hleen M. Swanson, City Clerk
SUMMARY OF ORDINANCE NO. 209,
!
CODIFIED AS ORDINANCE No 14 63' AN
ORDINANCE LICENSING AND REGULATING THE
SALE AND CONSUMPTION OF INTOXICATING
LIQUORS IN THE CITY OF MENDOTA HEIGHTS,
DAKOTA COUNTY, MINNESOTA, ADOPTED AUGUST 7, 1984
THE FOLLOWING IS A SUMMARY OF THE ABOVE-REFERENCED
ORDINANCE. A PRINTED COPY OF THE FULL TEXT OF THE ORDINANCE
IS AVAILABLE FOR INSPECTION BY ANY PERSON DURING REGULAR OFFICE
HOURS AT THE OFFICE OF THE CITY CLERK.
A license must be obtained from the City before any person
ti may sell or store intoxicating liquor within the City. Four
types of licenses are available. "On- Sale" licenses, which
will be issued only to hotels, motels and restaurants. 110n-
Sale Wine" licenses, which will be issued only to certain res-
taurants. "on-Sale Club" licenses, which will be issued to
bona fide clubs which have been in existence in the City for
fifteen years. Finally, "Off-Sale" licenses, which will be
issued to exclusive liquor stores located in B4 zoning districts.
Any person desiring to obtain any of the above-described
licenses must file a verified application with the City
containing certain information required by Section 4 of the
Ordinance.
Annual license fees shall be in the following amounts:
1.
"On-Sale"
license:
$ 10,000.00
2.
"On-Sale
Club" license:
200.00
3.
"On-Sale
Wine" licenses:
2,000.00
4.
"Off-Sale"
licenses:
150.00
The license fees must be paid in full before the original
application or any renewal applications will be accepted. All
licenses expire on June 30th of every . year. Applications for
the renewal of existing license must be made at least sixty
days prior to the date of the expiration of the license.
The annual fee for all "on-Sale" licenses granted after the
commencement of the license year will be prorated on a semi-
annual basis.
At the time of the original license application, applicants
must also.deposit a $500.00 investigation fee with the City.
If the investigation is conducted solely within the State of
Minnesota, the fee shall be $500.00. For investigations
conducted in whole or in part outside the State of Minnesota,
the applicant shall pay the City's actual investigation costs,
not to exceed $10,000.00. Any investigation fees due in excess
of the $500.00 deposit must be paid prior to the license hearing
and.before-the council considers the application. No investigation
fee. shall be.-refunddd.
The City Council may grant or deny license applications
in its sole discretion. Aftdi�',,.published notice, a public hear-
ing will be held concerning each'original license application
and each renewal application.
With certain limited exceptions, no license may be
transferred from place to place or person to person without
complying with the requirements of an original application.
. Certain persons are ineligible for licenses. A complete
list of such persons is set forth in Section 9 of the Ordinance.
Certain places are ineligible for licenses. A complete list
of such places is set forth in Section 10 of the Ordinance.
All licenses are subject to certain conditions regarding
operation of the licensed premises and other matters. These
conditions are set forth in Section 11 of the Ordinance.
Section 12 of the Ordinance delineates the hours during
which intoxicating liquor may be served or sold.
Certain additional restrictions are imposed upon the sale
of intoxicating liquor to or in guest rooms of hotels by
Section 13 of the Ordinance. Section 15 of the Ordinance sets
forth several restrictions involving minors. Section 16 places
additional restrictions on the purchase and consumption of
intoxicating liquor.
Applicants for intoxicating liquor licenses must file
a surety bond and a liability insurance policy with their
application. Section 17 sets forth rules and requirements
regarding such bonds and insurance policies.
Section 18 sets forth the procedure pursuant to which,
and the grounds upon which, the City Council may suspend or
revoke any intoxicating liquor license.
Any person who works as a manager, bartender, cocktail
waitress,..clerk, delivery person or in any other capacity at
a premises licensed under this Ordinance must apply for a
license to engage in such business within ' seven days after
being first employed. other restrictions and requirements
concerning the licensing of employees are set forth in Section 19
of the Ordinance.
Any enlargement, alteration or extension of the licensed
premises must be reported to the City Clerk prior to or con-
temporaneously with the application for a building permit,
and the licensee shall further provide the City with certain
information required by Section 20 of the Ordinance.
No more than six "On-Sale" licenses, two "On-Sale Club"
licenses, and six "Off-Sale" licenses shall be in existence
at any one time.
Any person violating any provision of the Ordinance.may
be guilty of a misdemeanor and upon conviction may be punished
by a fine of not more than $500.00 or imprisoned for not more
than ninety days or both, plus the cost of prosecution in any
case.
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