Liquor and Wine Licensing ************************* Section 702 - Liquor and Wine Licensing Fees (prorated on a monthly basis) $2,000.00 - per year on-sale intoxicating liquor license $250.00 - investigate fee for new on-sale intoxicating liquor licensing $150.00 - Per Year Sunday Liquor License __________________________________ 702.2 License Required Subd. 2 - On-Sale Liquor Licenses "On-sale" liquor licenses shall be issued only to hotels, motels, restaurants and bowling centers, and shall permit "on-sale" of liquor only. Any restaurant licensed hereunder must have a minimum seating capacity of 90 in its formal dining area. Any hotel-motel licensed hereunder must have a minimum seating capacity of 90 in its formal dining area and have at least 60 rooms available for guests. Subd. 5 - Sunday On-Sale A special license authorizing sales on Sunday in conjunction with the serving of food may be issued to any hotel, motel, or restaurant which has an on-sale license. _________________________ 702.03 Application Subd. 2 - Financial Responsibility Applicants for licenses shall comply with M.S. 340A.409, Subd. 1, prior to issuance of a license. _________________________ 702.04 License Fees Subd. 2 - Payment Each application for a license shall be accompanied by payment in full of the license fee and the investigation fee required under 702.05, Subdivision 1, if any. All fees shall be paid into the general fund. If an application for a license is rejected, the license fee shall be refunded. Subd. 3 - Term: Pro-Rata Fee Each license shall be issued for a period of one 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, with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of December. __________________________ 702.5 Granting of License Subd. 1 - Preliminary Investigation On an initial application for an on-sale license and on application for transfer of an existing on-sale license, the city shall conduct a pre-liminary background and financial investigation of the applicant. The application is such case shall be made on a form prescribed by the state bureau of criminal apprehension and with such additional information as the council may require. If the council deems it in the public interest to have an investigation made on a particular application for renewal of an on-sale license it shall so determine. The fee shall be payable by the applicant whether or not the license is granted. Subd. 2 - Hearing and Issuance The council liquor control committee shall investigate all facts set out in the application and not investigated in the preliminary background and financial investigation conducted pursuant to Subd. 1, including a consideration of the building with regard to building and zoning ordinances and proximity to schools and churches. 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. Subd. 3 - 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 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. _____________________________ 702.07 Places Ineligible for License Subd.1 - General Prohibition No license shall be issued for any place or any business ineligible for such a license under state law. No licensed premises shall have swinging doors or opaque windows. No license shall be issued for any premises where a license has been convicted of violation of any law or ordinance regulating the sale of liquor, or where any license has been revoked for cause until six months have elapsed after such conviction or revocation. 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. ____________________________ 702.08 Conditions of License Subd. 2 - Insurance Compliance with financial responsibility requirements of M.S. 340A.409, Subd. 1, and of this chapter is a continuing condition of any license granted pursuant to this chapter. 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 is deemed the act of the license as well, and the license shall be liable to all penalties provided by this chapter and the law equally with the employee. 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 license during business hours without a warrant. Subd. 5 - Federal Stamps No licensee shall possess a Federal wholesale liquor dealer's special tax stamp or a Federal gambling stamp. _____________________________ 702.09 Suspension and Revocation Subd. 1 - General The council may either suspend for a period not to exceed sixty 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. Except as provided in Subd. 2, and except in the case of a suspension pending a hearing on revocation, revocation or suspension of a license by the council shall be preceded by written notice to the licensee and a public hearing. The notice shall be given at least ten days in advance of the hearing, and shall state the time and place of the hearing and the nature of the charges against the licensee. The council may, without any advance notice or hearing, suspend any license pending a hearing on revocation for a period not exceeding thirty days. Subd. 2 - Violation of Security Agreement Lapse of required dram shop insurance shall effect an immediate suspension of any license issued pursuant to this chapter without further action the council. Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license. Any suspension under this subdivision shall continue until the council determines that the financial responsibility requirements of M.S. 340A.409, Subd. 1, and this chapter have again been met. Amended, Ord. No. 39, 2/6/90. ****************************** 340A.409 Subd. 1 - Insurance Required The minimum requirement for proof of financial responsibility may be given by filing: (1) a certificate that there is in effect for the license period an insurance policy issued by an insurer required to be licensed under section 60A.07, subdivision 4, or by an insurer recognized as an eligible surplus lines carrier pursuant to section 60A.206 or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property 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.