CHAPTER 112: ALCOHOLIC BEVERAGES
Section
Municipal Liquor Dispensary
112.01 Definitions
112.02 Dispensary established
112.03 Location and operation
112.04 Dispensary fund created
112.05 Hours of operation
112.06 Conditions of operation and restrictions on consumption
Sale and Consumption of Intoxicating Liquor
112.20 Provisions of state law adopted
112.21 License required
112.22 Application for license
112.23 License fees
112.24 Granting of licenses
112.25 Persons ineligible for license
112.26 Places ineligible for license
112.27 Conditions of license
112.28 Restrictions on purchase and consumption
112.29 Suspension and revocation
Retail On-Sale and Consumption of Wine
112.40 Provisions of state law adopted
112.41 Definitions
112.42 License required
112.43 Application for license
112.44 License fee
112.45 Granting the license
112.46 Terms and conditions
112.47 Closing hours
Malt Liquor and the Like
112.60 Definitions
112.61 License required
112.62 Applications for license
112.63 Payment of license
112.64 License fees
112.65 Conditions of license
112.66 Closing hours
112.67 City Council authority
MUNICIPAL LIQUOR DISPENSARY
§ 112.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
3.2% MALT LIQUOR. Any malt beverage with an alcoholic content of more than one-half of 1% by volume and not more than 3.2% by weight.
INTOXICATING LIQUOR and LIQUOR. Distilled, vinous and fermented beverages containing more than 3.2% of alcohol by weight.
MINOR. Any person under 18 years of age.
OFF-SALE. Retail sale in the original package for consumption away from the dispensary.
ON-SALE. Sale by the drink for consumption in the dispensary.
SELL. Includes all barters, gifts and other means of furnishing intoxicating liquor or beer in violation or evasion of this ordinance.
(Ord. 2.50, passed 8-1-1955; Ord. 2.5002, passed 5-29-1973)
§ 112.02 DISPENSARY ESTABLISHED.
There is hereby established a municipal liquor dispensary for the off sale and on sale of intoxicating liquor. No liquor may be sold at retail elsewhere in the City of Madelia, Minnesota or by anyone not employed in the dispensary except in the clubs as may lawfully be authorized by the Council.
(Ord. 2.50, passed 8-1-1955; Ord. 2.501, passed 11-28-1964) Penalty, see § 10.99
§ 112.03 LOCATION AND OPERATION.
(A) The dispensary shall be located at such suitable place in the city as the Council determines by motion.
(B) The dispensary shall be in the immediate charge of a liquor store manager selected by the Council and paid such compensation as is fixed by the Council. The City Administrator shall operate the dispensary under the Council's direction and shall perform the duties in connection with the dispensary as may be imposed upon him or her by the Council. He or she shall be responsible to the Council for the conduct of the dispensary in full compliance with this chapter and with the laws relating to the sale of liquor and beer.
(C) The Council shall also appoint such additional employees as may be required for the dispensary and shall fix their compensation. All employees, including the City Administrator, shall hold their positions at the pleasure of the Council. No minor shall be employed in the dispensary.
(Ord. 2.50, passed 8-1-1955)
§ 112.04 DISPENSARY FUND CREATED.
(A) A municipal liquor dispensary fund is hereby created in which all revenues received from the operation of the dispensary shall be deposited and from which all ordinary operating expenses shall be paid. Any amounts it may be necessary to borrow from the general fund of the city for initial costs of rent, fixtures and stock or for operating expenses shall be reimbursed to that fund out of the first available moneys coming into the dispensary fund thereafter. Surpluses accumulating in the dispensary fund may be transferred to the general fund or to any other appropriate fund of the city by resolution of the Council and expended for any municipal purpose.
(B) The handling of municipal liquor dispensary receipts and disbursements shall comply with the procedure prescribed by law for the receipts and disbursements of the city funds generally.
(C) The Council shall provide as soon as possible following the close of each calendar year for an audit of the accounts of the municipal liquor dispensary for that calendar year by the Public Examiner or a qualified public accountant.
(Ord. 2.50, passed 8-1-1955)
§ 112.05 HOURS OF OPERATION.
The provisions of Minnesota state law relating to hours of sale and days of closing are hereby adopted and made a part of this subchapter as if set out in full.
(Ord. 2.50, passed 8-1-1955; Ord. 2.5005, passed 9-24-1984) Penalty, see § 10.99
§ 112.06 CONDITIONS OF OPERATION AND RESTRICTIONS ON CONSUMPTION.
(A) The dispensary shall not have swinging doors.
(B) No business other than the sale of liquor shall be carried on in the dispensary except the retail sale of cigars, cigarettes, all forms of tobacco, beer and soft drinks, both on-sale and off-sale.
(C) No person shall gamble on the premises and no gambling of any character shall be permitted, thereon.
(D) No minor shall be permitted to remain on the dispensary premises.
(E) No liquor or beer shall be sold or served to anyone under the lawful drinking age, directly or indirectly.
(F) No one shall misrepresent his or her name, age or other identifying information for the purpose of obtaining liquor or beer.
(G) No liquor or beer shall be sold or served to an intoxicated person.
(H) No person shall be permitted to loiter about the dispensary habitually.
(I) No person of a known immoral character and no disorderly person shall be permitted on the dispensary premises.
(Ord. 2.50, passed 8-1-1955)
SALE AND CONSUMPTION OF INTOXICATING LIQUOR
§ 112.20 PROVISIONS OF STATE LAW ADOPTED.
The provisions of Minn. Stat. Chapter 340A, as it may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor and 3.2% malt liquor are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the City Council that all future amendments to Minn. Stat. Chapter 340A, as it may be amended from time to time, are hereby adopted by reference or referenced as if they had been in existence at the time this subchapter is adopted.
(Ord. 2.5003, passed 10-14-1974; Ord. 2.5006, passed 12-11-2006)
§ 112.21 LICENSE REQUIRED.
(A) General requirement. 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 intoxicating liquor without a license to do so as provided in this chapter. Licenses shall be of two kinds: "on-sale" and club licenses.
(B) On-sale licenses. "On-sale" licenses shall be issued only to hotels, clubs, restaurants, and exclusive liquor stores and shall permit "on-sale" of liquor only.
(C) Special club licenses. Special club licenses shall be issued only to incorporated clubs which have been in existence for 15 years or more or to congressionally chartered veterans' organizations which have been in existence for ten years.
(D) Sunday on-sale intoxicating liquor license. Sunday on-sale intoxicating liquor licenses may be issued after authorization to do so by voter approval at a general or special election as provided by Minn. Stat. § 340A.504 Subd. 3, as it may be amended from time to time, only to a restaurant, club, bowling center or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The fee for this license shall be established by the Council by resolution under the provisions of § 112.23 and Minn. Stat. § 340A.504 Subd. 3c, as it may be amended from time to time.
(E) Hours of sale. The hours of operation and days of sale shall be those set by Minn. Stat. § 340A.504, as it may be amended from time to time, except that the City Council may by resolution or ordinance provide for more restrictive hours than state law allows.
(Ord. 2.5003, passed 10-14-1974; Ord. 2.5006, passed 12-11-2006)
§ 112.22 APPLICATION FOR LICENSE.
(A) Application. Every application for a license to sell liquor shall state the name of the applicant, his or her age, representations as to his or her character, with the references as the Council may require, his or her citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he or she has been in that business at that place, and other information as the Council may require from time to time. In addition to containing that information, the application shall be in the form prescribed by the Liquor Commission and shall be verified and filed with the City Administrator. No person shall make a false statement in an application.
(B) Civil damages liability insurance. Prior to the issuance of any license, applicant shall file with the City Administrator a liability insurance policy in the amount of not less than $10,000 coverage for property damage, $50,000 coverage for death or injury to one person and $100,000 coverage for death or injury to more than one person, or such greater or lesser amounts as may from time to time be provided by resolution of the Council, which shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured shall become obligated to pay by reason of liability imposed upon him or her by reason of Minn. Stat. § 340A.801 (The Minnesota Civil Damages Act), as it may be amended from time to time. This policy shall be issued by an insurance company licensed to do business in the State of Minnesota and shall further provide that the policy shall not be cancelled for any cause by either the insured or the company without first giving ten-days' notice to the City of Madelia in writing of intention to cancel the policy. This insurance shall in all respects comply with the provisions of the Minnesota Intoxicating Liquor Act and shall be provided in lieu of bond or cash security referred to therein.
(C) Liability insurance. Prior to the issuance of a liquor license, and in addition to the civil damages act liability insurance provided for above, the applicant shall file with the City Administrator a general public liability insurance policy covering the licensed premises and the activities of the establishment, including the insurance for vehicles used in connection with the establishment in the amount of not less than $10,000 property damage, $50,000 coverage for injury or death of one person and $100,000 coverage for injury or death of more than one person. The insurance shall further provide that no cancellation of the policy for any cause shall be made by either the insured or the insurance company without first giving 14-days' written notice to the City of Madelia of the intention to cancel the policy. Liability insurance policy 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 divisions (B) and (C) is a cause for revocation of the license.
(Ord. 2.5003, passed 10-14-1974)
§ 112.23 LICENSE FEES.
(A) Fees. The annual fee for a liquor license shall be established by resolution.
(B) Payment. Each application for a license shall be accompanied by a receipt from the City Administrator for payment in full of the license fee. All fees shall be paid into the general fund. If an application for license is rejected, the Assistant City Administrator shall refund the amount paid.
(C) 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.
(D) Refund. No refund of any fee shall be made except as authorized by statute.
(Ord. 2.5003, passed 10-14-1974)
§ 112.24 GRANTING OF LICENSES.
(A) 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.
(B) 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 deemed a transfer of the license and a transfer of stock without prior Council approval is a ground for revocation of the license.
(Ord. 2.5003, passed 10-14-1974)
§ 112.25 PERSONS INELIGIBLE FOR LICENSE.
No license shall be granted to any person made ineligible for such a license by state law.
(Ord. 2.5003, passed 10-14-1974)
§ 112.26 PLACES INELIGIBLE FOR LICENSE.
(A) General prohibition. No license shall be issued for any place or any business ineligible for such a license under state law.
(B) 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 including utilities are delinquent and unpaid.
(Ord. 2.5003, passed 10-14-1974)
§ 112.27 CONDITIONS OF LICENSE.
(A) 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.
(B) Licensee's responsibility.
(1) Every licensee is responsible for the conduct of his or her place of business and the conditions of sobriety and order in it.
(2) 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 provide by this ordinance and the law equally with the employee.
(C) Inspections. Every licensee and every holder of a permit under state law 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.
(Ord. 2.5003, passed 10-14-1974)
§ 112.28 RESTRICTIONS ON PURCHASE AND CONSUMPTION.
Liquor in unlicensed places: no person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor "on-sale" or a permit from the liquor control commissioner under Minn. Stat. Chapter 340A, as it may be amended from time to time, and no person shall consume liquor in any such place.
(Ord. 2.5003, passed 10-14-1974)
§ 112.29 SUSPENSION AND REVOCATION.
(A) The Council may revoke any liquor license for violation of any statute or ordinance relating to the sale of liquor or may suspend the license for a period not exceeding 60 days if revocation is not mandatory.
(B) The licensee shall be granted a hearing upon at least ten-days' notice before revocation or suspension is ordered except where mandatory revocation is provided by law.
(Ord. 2.5003, passed 10-14-1974)
RETAIL ON-SALE AND CONSUMPTION OF WINE
§ 112.40 PROVISIONS OF STATE LAW ADOPTED.
The provisions of Minn. Stat. Chapter 340A, as it may be amended from time to time, relating to various definitions, licensing, consumption, sales, conditions of bonds of licensees, hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor insofar as they are applicable to wine licenses authorizing the sale of wine not exceeding 14% alcohol by volume for consumption on the licensed premises only, in conjunction with the sale of food, are adopted and made a part of this ordinance as if set out in full.
(Ord. 2.5004, passed 9-13-1982)
§ 112.41 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ON-SALE. The sale of wine for consumption on the premises only.
PERSON. Includes a natural person of either sex, a co-partnership, a corporation or association. The single number includes the plural and the masculine includes the feminine and neutral.
RESTAURANT. Any establishment under the control of a single proprietor or manager, having appropriate facilities for serving meals and seating no fewer than 25 guests at any one time, 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.
(Ord. 2.5004, passed 9-13-1982)
§ 112.42 LICENSE REQUIRED.
(A) No person shall sell or offer for sale wine within the City of Madelia without first obtaining a retail on-sale wine license as hereafter provided.
(B) A retail on-sale wine license shall be approved only upon application accepted and approved by the City Council.
(C) This latter license shall be issued only to those persons who have been issued a license to sell on-sale liquor in the City of Madelia.
(Ord. 2.5004, passed 9-13-1982)
§ 112.43 APPLICATION FOR LICENSE.
(A) Application.
(1) Every application for license to sell wine shall state the name of the applicant, his or her age, representations as to his or her character, with such references as the Council may require, his or her citizenship, the type of license applied for, the business in connection with which the proposed license will operate, and its location, whether the applicant is owner and operator of the business, how long he or she has been in that business at that place and other information as the Council may require from time to time.
(2) In addition to containing such information, the application shall be in the form prescribed by the City Council and shall be verified and filed with the City Administrator. No person shall make a false statement in an application.
(B) 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 Minn. Stat. Chapter 340A, as it may be amended from time to time. The surety bond or other security shall be in a sum equal to the minimum sum required by Minnesota Statute for an applicant for an on-sale wine license. If the applicant is licensed by the City of Madelia to sell on-sale intoxicating liquor, no further surety bond is necessary or proof of liability insurance.
(C) Liability insurance. Prior to the issuance of a wine license, the applicant shall file with the City Administrator a liability insurance policy in an amount at least equal to the minimum coverage required by Minnesota Statutes. The applicant shall comply with all provisions of Minn. Stat. Chapter 340A, as it may be amended from time to time, relating to liability insurance policies.
(D) Approval of security. The security offered under divisions (B) and (C) above 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 licensed business without having on file with the city at all times effective security as required in divisions (C) and (D) is a cause for revocation of the license.
(Ord. 2.5004, passed 9-13-1982)
§ 112.44 LICENSE FEE.
(A) At the time a person files his or her application the applicant shall deposit with the City Administrator the required fee. The annual fee for an on-sale wine license permitting sales on all days of the week shall be $400.
(B) The annual fee for an on-sale wine license permitting sales on Sunday only, shall be $200. No license shall be issued until the fee has been paid. The license fee required shall be in addition to all other licenses. The license shall be issued for a period of one year. All retail on-sale wine licenses shall expire on the last day of December in each year.
(C) If the application is made during the license year, the license may be issued for the remainder of the year. If the application is made between January 1 and June 30, the applicant shall pay the full required annual fee. If the application is made between July 1 and December 31, the applicant shall pay a fee equal to one-half of the appropriate required annual fee.
(Ord. 2.5004, passed 9-13-1982)
§ 112.45 GRANTING THE LICENSE.
(A) The City Council shall cause an investigation to be made of the applicant.
(B) Opportunity shall be given to all persons to be heard for or against the granting of the license.
(C) After the investigation and the hearing, the City Council shall grant or refuse the application at its discretion.
(D) Renewal of a license shall also be at the discretion of the City Council.
(Ord. 2.5004, passed 9-13-1982)
§ 112.46 TERMS AND CONDITIONS.
The terms and conditions for a retail on-sale wine license issued under this subchapter shall be as follows:
(A) The license shall be posted at all times in a conspicuous place on the licensed premises;
(B) Licenses shall not be transferable. The license shall only be for the premises described in the application;
(C) The licensed premises shall be open to inspection by any police officer, health officer or other properly designated officer or employee of the city at any time which it is open to the public;
(D) The licensee shall strictly observe all the laws relative to the sale of wine set forth in Minnesota Statutes together with all rules and regulations of the State Liquor Control Commissioner;
(E) No retail on-sale wine license shall be in effect until approved by the State Liquor Control Commission;
(F) Any license issued under this ordinance may be revoked by the City Council for a violation of this ordinance, a violation of other city ordinances, a violation of the laws of the State of Minnesota or the United States; and
(G) (1) The City Council reserves the right to suspend a license for a period not to exceed 90 days for cause.
(2) The City Council would review all information and provide justification for such a suspension.
(Ord. 2.5004, passed 9-13-1982)
§ 112.47 CLOSING HOURS.
The provisions of Minnesota State Law relating to hours of sale and days of closing are hereby adopted and made a part of this subchapter as if set out in full.
(Ord. 2.5004, passed 9-13-1982; Ord. 2.5005, passed 9-24-1984)
MALT LIQUOR AND THE LIKE
§ 112.60 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
3.2% MALT LIQUOR. Any potable beverage with an alcoholic content of more than one-half of 1% by volume and not more than 3.2% by weight.
A BONA-FIDE CLUB. Any club organized for social or business purposes or for intellectual improvement or for the promotion of sports where the serving of 3.2% malt liquor is incidental to, and not the major purpose of the club.
CAFÉ and RESTAURANT. Any place where preparing and serving lunches or meals to the public to be consumed on the premises constitutes the major business thereof.
ORIGINAL PACKAGE. The bottle or sealed container in which the 3.2% malt liquor is placed in the place of manufacture.
PERSON. Includes a natural person of either sex, persons, partnerships, corporations or associations of persons, and it shall include the agent and manager of any of the aforesaid.
(Ord. 6.10, passed 8-1-1955)
§ 112.61 LICENSE REQUIRED.
No person shall sell, deal in or dispose of by gift, sale or otherwise, or keep or offer for sale any 3.2% malt liquor within the City of Madelia without first having received a license therefor as hereinafter provided. Licenses shall be of two kinds:
(A) On-sale licenses shall be granted only to drug stores, cafes, restaurants and hotels where food is prepared and served for consumption on the premises and in bonafide clubs, and shall permit the sale of that liquor for consumption on the premises only; and
(B) Off-sale licenses shall be granted to permit the sale at retail or wholesale of 3.2% malt liquor in the original packages for removal from and consumption off the premises only.
(Ord. 6.10, passed 8-1-1955) Penalty, see § 10.99
§ 112.62 APPLICATIONS FOR LICENSE.
(A) The applications for any license to sell 3.2% malt liquor shall be made on forms supplied by the city setting forth the name of the person asking for the license; his or her age; representations as to his or her character with the reference as may be required; his or her citizenship; the legal description of the premises where the business is to be carried on; whether the application is for on-sale or off-sale; the business in connection with which the proposed license will operate; the name of the owner or operator of the business and all other persons having an interest therein; such further information as the City Council may from time to time require.
(B) It shall be unlawful to make any false statement in an application and such false statement will constitute grounds for revocation of a license.
(Ord. 6.10, passed 8-1-1955)
§ 112.63 PAYMENT OF LICENSE.
(A) All applications for licenses shall be accompanied by the required annual fee for the respective license.
(B) All the fees shall be paid into the general fund of the city.
(C) Upon denial of any application for license the Treasurer shall refund the amount paid.
(D) All licenses shall be of such duration as may be determined by the Council at time of issuance provided, however, that no license shall be issued which will not expire on or before the second Monday in January following the year of its issuance.
(E) All licensed premises shall have the license posted in a conspicuous place at all times.
(Ord. 6.10, passed 8-1-1955)
§ 112.64 LICENSE FEES.
The annual fee for an on-sale license shall be established by resolution and the annual fee for an off-sale license shall be established by resolution, and for all licenses issued after July 1 of each year or for a limited period of six months or less, the fee for the licenses shall be one-half of the annual fee set out above.
(Ord. 6.10, passed 8-1-1955)
§ 112.65 CONDITIONS OF LICENSE.
All licenses granted hereunder shall be granted subject to the following conditions, and subject to all other ordinances of the City of Madelia applicable thereto:
(A) No license shall be granted to any person under 21 years of age. No license shall be granted to any person who has been convicted of a felony or of violating any federal or state law or local ordinance relating to the manufacture, sale or transportation of intoxicating liquors;
(B) The sale or consumption of 3.2% malt liquor in automobiles or on the streets or alleys of the City of Madelia shall be a violation of this chapter;
(C) No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this subchapter, or where any license granted hereunder has been revoked for cause, for at least one year after the conviction or revocation;
(D) No sale of 3.2% malt liquor shall be made to any person under 18 years of age;
(E) No gambling or any gambling device prohibited by law shall be permitted on any licensed premises;
(F) All licenses granted under this chapter shall be issued to applicants only and shall be issued for the premises described in the application only. The licenses shall not be transferred to another location without the approval of the City Council; and
(G) Licenses shall be granted only to persons who are citizens of the United States and who are of good moral character.
(Ord. 6.10, passed 8-1-1955; Ord. 6.1001, passed 5-29-1973) Penalty, see § 10.99
§ 112.66 CLOSING HOURS.
The hours of operation and days of sale shall be those set by Minn. Stat. § 340A.504, as it may be amended from time to time, except that the City Council may by resolution or ordinance provide for more restrictive hours than state law allows.
(Ord. 6.10, passed 8-1-1955; Ord. 6.1003, passed 12-11-2006)
§ 112.67 CITY COUNCIL AUTHORITY.
The City Council has sole authority to grant and deny licenses. Licenses may be revoked for cause by the City Council without hearing and without notice to the licensee where the licensee has been convicted of a felony or of violating the provisions of any federal or state law or local ordinance regarding the manufacture, sale or transportation of 3.2% malt liquor. No portion of the license fee paid into the City Treasury shall be returned upon revocation of the license.
(Ord. 6.10, passed 8-1-1955)
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