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HomeMy WebLinkAboutNo 875 Alcoholic Beverages Ordinance 875 Chapter 6 ALCOHOLIC BEVERAGES* Article I. In General Sec. 6-1. Proof of age for consumption, purchase or possession. Sec. 6-2. Discrimination by licensee. Sec. 6-3.Licensee's responsibility for acts of employees. Sec. 6-4. Drinking on public streets, lanes or alleys or while trespassing on private property Sec. 6-5 Fees and charges imposed and fixed by city council. Sec. 6.6. Age to deliver, sell, serve or vend. Sec. 6.7. Adoption of State law. Secs. 6-8—6-35. Reserved. Article II. 3.2 Percent Malt Liquors Division 1. Generally Sec. 6-36. Definitions. Sec. 6-37. Hours of sale and consumption. Sec. 6-38. Sale to, consumption by, procuring for persons under 21 years. Secs. 6-39—6-65. Reserved. Division 2. Licenses Sec. 6-66. Persons eligible to be issued licenses. Sec. 6-67. Required to sell at retail; types of licenses. Sec. 6-68. Ineligible persons. Sec. 6-69. Ineligible premises. Sec. 6-70. Duration. Sec. 6-71. Notice to city of stock transfers and change in officers of corporate holders. Sec. 6-72. Unlawful possession of intoxicating liquor on licensed premises. Sec. 6-73. Notice to council of conviction of licensee of violation of article. Sec. 6-74. Application and administrative approval. Sec. 6-75. Inspections of premises. Sec. 6-76.—6-105. Reserved. Article III. Intoxicating Liquors Division 1. Generally Sec. 6-106. Definitions. Sec. 6-107. Inapplicability. Sec. 6-108. Unlawful sale, furnishing or delivery to certain persons. Sec. 6-109. Reserved. Sec. 6-110. Sales to be in public view. Sec. 6-111. Sales made where prohibited. Sec. 6-112. Drinking in public place, outside events. Sec. 6-113. License required. Sec. 6-114. Tax stamps or labels on containers. Sec. 6-115. Retail sale for beverage purposes of ethyl alcohol or neutral spirits. Sec. 6-116. Hours of sale. Sec. 6-117. Persons eligible for issuance of licenses statement of gross sales. Sec. 6-118. Persons ineligible for issuance of license. Sec. 6-119. Investigations of on-sale applicants for issuance, transfer or renewal of license. Sec. 6-120. Location restrictions. Sec. 6-121. Denial of license to person in connection with premises of another. Sec. 6-122. One license for any one person or premises; possession of interest in more than one license. Sec. 6-123. Posting of licenses. Sec. 6-124. Licenses for drugstores. Sec. 6-125. Issuance of federal permit as condition to license issuance. Sec. 6-126. Responsibilities of licensee for place of business; gambling, prostitution or disorderly conduct; age requirements for employees. Sec. 6-127. Operation of coin-operated amusement devices by minors in barrooms. Sec. 6-128. Reserved. Sec. 6-129. Transfer of license; transfer of corporate stock; change of corporate officers. Sec. 6-130. Suspension or revocation of licenses. Sec. 6-131. Temporary intoxicating liquor licenses for nonprofit organizations. Sec. 6-132. Application for temporary intoxicating liquor license, administrative approval Secs. 6-133—6-160. Reserved. Division 2. On-Sale and Off-Sale Licenses Subdivision I. In General Sec. 6-161. Established. Sec. 6-162. Reserved. Sec. 6-163. Sunday sales licenses for on-sale licensees. Sec. 6-164. Application; payment of fee. Sec. 6-165. Investigation of applicant; inspection of premises; council hearing; grant or denial. Sec. 6-166. Surrender of on-sale 3.2 percent malt beverage license before issuance of off-sale intoxicating liquor license; state approval of bonds. Sec. 6-167. Effect of denial. Sec. 6-168. Bond. Sec. 6-169. Ineligibility of certain premises. Sec. 6-170. Duration. Sec. 6-171. Extent of licensed premises. Sec. 6-172. Alcohol Awareness Training Secs. 6-173—6-190. Reserved. Subdivision II. Special Club Licenses Sec. 6-191. Issuance. Sec. 6-192. Sales limited to members only. Sec. 6-193. Fee and application. Sec. 6-194. Applicability of other sections. Secs. 6-195—6-220. Reserved. Division 3. On-Sale Wine Licenses Subdivision I. In General Sec. 6-221. Definitions. Sec. 6-222. Required; exceptions. Sec. 6-223. Issuance only to restaurants. Sec. 6-224. Number unlimited. Sec. 6-225. Fee and application. Sec. 6-226. Approval by state. Sec. 6-227. Sale of intoxicating malt liquors with an on-sale wine license Sec. 6-228. Duration Secs. 6-229—6-250. Reserved. Subdivision II. Temporary Wine Licenses Sec. 6-251. Issuance to nonprofit organizations. Sec. 6-252. Application and approval of license. Sec. 6-253. Applicability of division 4 of article. Secs. 6-254—6-280. Reserved. Division 4. Bottle Clubs Sec. 6-281. Definitions. Sec. 6-282. Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display intoxicating liquor. State permit. Sec. 6-283. Annual license fee. Sec. 6-284. Hours of consumption or display of intoxicating liquor. Sec. 6-285. Inspections. Sec. 6-286. Restrictions on permit approval by council. Sec. 6-287. Sec. 6-288. Inapplicability of division. Sec. 6-289. Violations. Sec. 6-290. Seizure and disposal of intoxicating liquor sold, served or displayed in violation of division. Secs. 6-291—6-315. Reserved. Division 5. Maplewood Community Center Sec. 6-316.Sale of intoxicating liquors. Sec. 6-317.Wine licenses. Sec. 6-318.Wine, 3.2 percent malt liquor and intoxicating liquor. ARTICLE I. IN GENERAL Sec. 6-1. Proof of age for consumption, purchase or possession. Proof of age for consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulated under this chapter by age, may be established only by the following. (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; (3) a valid passport issued by the United States; or (4) in the case of a foreign national, by a valid passport. State law reference—Similar provisions, Minn. Stats. § 340A.503 .subd.6 (Code 1982, § 5-1) Sec. 6-2. Discrimination by licensee. (a) It is unlawful for a licensee under this subdivision to discriminate against its members, guest of members, customers or employees on the basis of race, creed, color, religion, national origin, sex or disability. (b) It is unlawful for a licensee under this subdivision to use a membership application form containing any questions about race, creed, color, religion, national origin, sex or disability or to make any record of inquiry about race, creed, color, religion, national origin, sex or disability in connection with an application for employment or membership. (Code 1982, § 5-101) State law reference—Similar provisions, Minn. Stats. § 340.410, Subd. 6. Sec. 6-3. Licensee's responsibility for acts of employees. (a) Any act by a clerk, barkeeper, agent, or employee of a licensee under this chapter, in violation of this chapter, is deemed the act of the employer and licensee of such place as well as that of the clerk, barkeeper, agent, or employee, and every such employer and licensee is liable for all the penalties provided for the violation equally with the clerk, barkeeper, agent, or employee, except for felonies of manufacture, transport, import or sale/gift of poisonous alcohol. Sale of an alcoholic beverage without a license is a gross misdemeanor. (b) Any sale of intoxicating liquor by a clerk, barkeeper, agent, or employee made in or from a place licensed under this chapter to sell 3.2 percent malt liquor, but not licensed to sell intoxicating liquor, is deemed the act of the employer and licensee, as well as that of the person actually making the sale, and every such employer and licensee of such place is liable for all the penalties provided for such sale equally with the person actually making the sale, except for felonies of manufacture, transport, import or sale/gift of poisonous alcohol. Sale of an alcoholic beverage without a license is a gross misdemeanor. (Code 1982, § 5-3) Sec. 6-4. Drinking on public streets, lanes or alleys or while trespassing on private property. Except as authorized in section 6-112, no person shall, upon the public streets, lanes or alleys of the city or being a trespasser upon the private premises of another, drink beer or intoxicating liquor. (Code 1982, § 5-5) Sec. 6-5. Fees and charges imposed and fixed by city council. Unless expressly provided for in this chapter, the amount of any license, permit, fee or charge required to be paid by this chapter shall be in such amount as may be imposed, set, established and fixed by the city council from time to time. Intoxicating liquor license fees may be paid in two equal installments on January 1 and June 15. All fees under this chapter shall be deposited into the general fund of the city. (Code 1982, § 5-6) Sec. 6-6. Age to deliver, sell, serve or vend. (a) It is unlawful for a licensee under this article or the licensee’s agents or employee to allow a person under the age of 18 years to deliver, sell, serve or vend any 3.2 malt liquor or any intoxicating liquor to a person in the city. (b) It is unlawful for a person under the age of 18 years to deliver, sell, serve or vend any intoxicating liquor to a person in the city. (Code 1982 § 5-64) State law reference – Similar provisions, Minn. State § 340A.412, Subd. 10. Sec. 6-7 Adoption of State law. Except to the extent the provisions of this chapter are more restrictive, the provisions of Minnesota State Chapter 340A, relating to the definition of terms, licensing, consumption, sales hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor, wine and 3.2 malt liquor are adopted and made a part of this chapter as if set out in full. Secs. 6-8—6-35. Reserved. ARTICLE II. 3.2 PERCENT MALT LIQUORS DIVISION 1. GENERALLY Sec. 6-36. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverage means any beverage containing more than one-half of one percent alcohol by volume. Bona fide club means an organization organized for social purposes, for business purposes, for intellectual improvement, or for the promotion of sports where the serving of 3.2 percent malt liquor is incidental to and not the main purpose of the club. Intoxicating liquor and liquor mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Off-sale means the sale of 3.2 percent malt liquor for consumption off the premises only. Person includes any individual, partnership, association, trust, institution, corporation, or municipality, and includes also a municipal liquor store. Sale, sell, and purchase include all barters, exchanges, gifts, sales, purchases and other means used to obtain or furnish liquor as above described, directly or indirectly, in violation or evasion of this article, but does not include sales by state license liquor wholesalers selling to licensed retailers. 3.2 percent malt liquor means malt liquor containing not less than one-half of one percent of alcohol by volume and no more than 3.2 percent of alcohol by weight. (Code 1982, § 5-21) State law reference—Similar provisions, Minn. Stats. §§ 340A.101, Subd. 19. Sec. 6-37. Hours of sale and consumption. (a) No 3.2 percent malt liquor shall be sold in the city between 2:00 a.m. and 12:00 noon on Sundays. (b) No on-sale licensee shall permit 3.2 percent malt liquor to be consumed on the licensed premises during the hours when the sale thereof is prohibited by this section; provided, however, that the licensee shall be allowed a 30-minute period following the 2:00 a.m. closing hour to clear the premises of customers who are on the premises at 2:00 a.m., and such customers during that time may consume 3.2 percent malt liquor beverages purchased by them before 2:00 a.m. Minn. Stats §340A.504 Subd 6 State law reference—Sales of nonintoxicating malt liquor, closing hours, Minn. Stats. § 340A.504.Subd 1 & 2 Secs. 6-38-6-65. Reserved. DIVISION 2. LICENSES* Sec. 6-66. Persons eligible to be issued licenses. A license required under this division may be issued only to a person who is a citizen of the United States or a resident alien and who is of good moral character and repute, who has attained the age of 21 years and who is the manager of the establishment for which the license is issued. If a corporation or partnership is the owner of the establishment, the license shall then be issued to the primary and acting manager of the establishment and the designated corporate officer or for a partnership a designated partner. The corporation or partnership which is the owner of an establishment shall notify the city within 48 hours if the person licensed as the primary and acting manager of the establishment can no longer perform the duties of a primary and acting manager. This includes but is not limited to reassignment, termination, or demotion. The corporation or partnership shall immediately have the new primary and acting manager apply for a license. (Code 1982, § 5-35) Sec. 6-67. Required to sell at retail; types of licenses. Except as provided in this section, it is unlawful to sell 3.2 percent malt liquors at retail in the city except when licensed under this division. Three types of licenses are issued for the sale of 3.2 percent malt liquors as follows: (1) Annual on-sale license permits the licensee to sell 3.2 percent malt liquors for consumption on the licensed premises, and the license fee is fixed by the city council and paid to the city. On-sale licenses are granted only to drugstores, restaurants, hotels, bona fide clubs, and establishments for the sale of 3.2 percent malt beverages and soft drinks at retail. A club or charitable, religious, or nonprofit organization may be issued a temporary on-sale license for the sale of 3.2 percent malt liquor on and off school grounds and in and out of schoolhouses and school buildings. Temporary licenses are subject to such terms, including a license fee, as the city council prescribes. Temporary 3.2 percent malt liquor licenses for non-profit organizations may be approved by the city manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. Applicant is required to meet with the police chief to discuss measures to eliminate the sale of alcohol to underage person, general security and the city ordinances pertaining to this article. The clerk will also forward the application to the fire marshal for inspection of the premises where applicable. *State law reference—Similar provisions, Minn. Stats. ch. 340A. (2) Annual off-sale licenses permit the licensee to sell 3.2 percent malt liquors in the original packages for consumption off the premises only. (Code 1982, § 5-36) Sec. 6-68. Ineligible persons. (a) No license required under this division may be issued to a person who has had an intoxicating liquor or nonintoxicating liquor license revoked within five years of the license application. (b) In addition, no new license may be issued to and the city council may refuse to renew the license of a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage or of a felony crime. (Code 1982, § 5-37) State law reference—Similar provisions, Minn. Stats. § 340A.301 Subd. 4 Sec. 6-69. Ineligible premises. (a) No on-sale or off-sale 3.2 percent malt beverage license may be issued under this division to premises licensed as a motor fuel station, internal motor fuel station, major motor fuel station or truck stop, as defined in section 44-512. (b) No 3.2 percent malt liquor license may be issued under this division for premises located within an area wherein such use of the premises is prohibited by chapter 44, which pertains to zoning, nor within an area where such sales are forbidden by state law or any other ordinance of the city. Sec. 6-70. Duration. Except for a temporary on-sale license issued under this division, all licenses issued under this division run for a calendar year from January 1. If issued for a shorter period than one year, the license fee shall be prorated on a quarterly basis. (Code 1982, § 5-39) State law reference—Similar provisions, Minn. Stats. § 340A.301, Subd. 5. Sec. 6-71. Notice to city of stock transfers and change in officers of corporate holders. No corporation to which a license has been granted under this division may transfer any stock in such corporation without notification to the city. It is the duty of the officers of a corporation holding a license issued under this division to notify the city of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer of any stock shall be effective without the knowledge of the city. The transfer of any stock without the knowledge of the city shall be deemed sufficient cause for revocation by the city council of a license granted to such corporation under this division or any other licensing ordinance of the city under which such corporation has received a license from the city. Such corporation officers shall also notify the city whenever any change is made in the officers of any such corporation, and the failure to so notify the city shall likewise be sufficient cause for revocation of a license issued to such corporation. (Code 1982, § 5-40) Sec. 6-72. Unlawful possession of intoxicating liquor on licensed premises. It is unlawful for a person licensed under this division, but not licensed to sell 3.2 percent malt liquor and intoxicating liquor, or for any of the person's agents or employees to possess on premises licensed under this division intoxicating liquor, as defined in Minn. Stats. § 340A.101, the purpose of consumption by anyone. (Code 1982, § 5-41) Sec. 6-73. Notice to council of conviction of licensee of violation of article. It is the duty of the police department to notify the council whenever a person licensed under this division is convicted of a violation of this article. Such conviction shall be deemed sufficient reason for the council to revoke a license issued to such convicted person under this division. (Code 1982, § 5-42) Sec. 6-74. Application. (a) A person seeking a license under this division must apply to the city for the license by filing a written application with the city clerk. The city clerk must present the application to the police chief for review and to meet with the applicant to discuss measures to eliminate the sale of alcohol to underage persons, general security, retail crime issues and the city ordinances pertaining to this article. The clerk will also forward the applicant information to the community development department for zoning review and to the fire marshal for inspection of the premises where applicable. An application must contain the following: (1)The applicant's full name, date of birth and place of residence. (2) The exact location of the place at which the applicant proposes to sell 3.2 percent malt liquors. (3) Whether the applicant has ever previously been engaged in the business of selling 3.2 percent malt liquors or in the business of selling foodstuffs in the city, and if so when and where. (4) The signature of the applicant or of an officer of a club seeking a license or of an officer of a corporation seeking a license. (b) Licenses for 3.2 percent malt liquors are approved administratively by the city manager or his designee and may be forwarded to the city council for approval at the discretion of the city manager or if the license holder has failed an alcohol compliance check during the license period. Sec. 6-75. Inspections of premises. The applicant for a license under this division must permit the appropriate officers of the city, as well as representatives of the police and fire departments, to inspect and examine the place of business described in the application, together with all the appliances and instruments used or to be used in the transaction of the business for which the license is sought. A refusal by the applicant to permit any such inspection shall be deemed as sufficient grounds for the council to refuse to issue the license applied for. (Code 1982, § 5-45) Secs. 6-76—6-105. Reserved. ARTICLE III. INTOXICATING LIQUORS* DIVISION 1. GENERALLY Sec. 6-106. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Clubmeans an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes; for intellectual improvement; or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) Has more than 50 members. (2) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members. (3) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club or their guests, beyond a reasonable salary or wage fixed and voted each year by the governing body. Intoxicating liquor and liquor mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Limited off-sale means the sale of vinous or malt liquor in retail stores and in original packages containing not less than 3.2 percent alcohol or four percent by volume and not more than 24 percent of alcohol by volume for consumption off the premises where sold. Off-sale means the sale of liquor in original packages in retail stores for consumption off the premises where sold. On-sale means the sale of liquor by the glass or by the drink for consumption on the premises only pursuant to such regulations as the state commissioner of public safety may prescribe. Package and original package mean a corked or sealed container holding liquor. Restaurant means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and which has seating capacity for not less than 30 guests. Sale, sell and sold mean all barters and all manner or means of furnishing intoxicating liquor, including such furnishing in violation or evasion of law. (Code 1982, § 5-61) State law reference—Similar definitions, Minn. Stats. ch. 340A. *State law reference—Intoxicating Liquor Act, Minn. Stats. ch. 340A. Sec. 6-107. Inapplicability. This article does not apply to the following: (1)Persons issued licenses by the commissioner of public safety pursuant to Minn. Stats. § 340A.316 for the importation and sale of wine exclusively for sacramental purposes; (2)Medicines intended for therapeutic purposes and not intended as a beverage; (3) Industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical, or industrial purposes; or (4) Nonpotable compounds or preparations containing alcohol. (Code 1982, § 5-62) State law reference—Authority for above section and similar provisions, Minn. Stats. §§ 340A.316, 340A.906. Sec. 6-108. Unlawful sale, furnishing or delivery to certain persons. No person may sell, furnish or deliver in the city intoxicating liquor for any purpose to a person: (1) Under the age of 21 years. (2) Who is obviously intoxicated. (3) To whom sale is prohibited by this Code or other ordinance of the city or by any law of this state. (Code 1982, § 5-63) State law reference—Similar provisions, Minn. Stats. §§ 340A.502, 340A.503. Sec. 6-109. Reserved. Sec. 6-110. Sales to be in public view. All sales of intoxicating liquor in the city allowed under this article must be made in full view of the public. (Code 1982, § 5-65) Sec. 6-111. Sales made where prohibited. No person may sell intoxicating liquor in the city in a place or in a part of a building where the sales are prohibited by state law or this article. (Code 1982, § 5-66) Sec. 6-112. Drinking in public place – outside events. (a) No person may drink intoxicating liquor in a place open to the public within the city, nor may the proprietor or manager of a public place, if it is a building structure, permit such drinking on the premises. (b) This section does not prohibit persons from drinking intoxicating liquor in a building licensed under this article for on-sale sales. However, persons are permitted to drink only in the portion of that building constituting the licensed premises and only within the hours when sales of intoxicating liquors are permitted and for a period of one-half hour thereafter. (c) An exception to this section is hereby authorized to allow on-sale license holders to host up to two outside events, pursuant to an application and receipt of a permit therefor, which events may include the drinking of intoxicating liquor, wine, or 3.2 percent malt liquor outside, but upon, their licensed premises. The following apply with respect to such events: (1) An outside event shall mean an individual, distinctive cultural, social, educational or recreational occasion, not exceeding 96 hours total duration and not recurring within the same calendar year. Sec. 6-113. License required. (Code 1982, § 5-67) (a) It is unlawful for a person to sell intoxicating liquor for consumption at any time or place within the corporate city limits without first having obtained a license as provided in this article. (b) It is unlawful for a person, directly or indirectly, upon any pretense or by any device, to keep for sale or to possess for the purpose of sale intoxicating liquor, without first having obtained from the city a license to sell intoxicating liquor. (Code 1982, § 5-68) Sec. 6-114. Tax stamps or labels on containers. (a) It is unlawful for a person to possess intoxicating liquor without proper tax stamps or labels on the container thereof, as required by state law. (b) Nothing in this section prohibits the possession of fruit juices fermented in the home for family use. (c) Fermented malt beverages containing more than 3.2 percent of alcohol by weight or four percent by volume, having the required amount of tax stamps as required by state law on the container thereof or the case in which the beverages are contained are not subject to this section. d) This section does not apply to intoxicating liquor poured from containers or bottles having thereon the required tax stamps and labels, into a cup, glass or temporary shaker. Possession of liquor in one's own home only of a bottle or container not having state tax stamps thereon is not a violation of this section, if the liquor in the bottle or container was poured from a bottle or container having thereon the required state tax stamps and labels, provided that the bottle or container into which such liquor is poured is not larger than one quart in size. No person may possess more than two such unstamped bottles. (Code 1982, § 5-69) Sec. 6-115. Retail sale for beverage purposes of ethyl alcohol or neutral spirits. No person may sell at retail in the city for beverage purposes ethyl alcohol or neutral spirits or substitutes thereof, possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral spirits. Nothing in this section prohibits the manufacture or sale of other products obtained by the use of ethyl alcohol or neutral spirits as defined in U.S. Treasury Department, Bureau of Internal Revenue, Regulations 125, Article II, Standards of Identity for Distilled Spirits. (Code 1982, § 5-70) State law reference—Similar provisions, Minn. Stats. § 340A.506. Sec. 6-116. Hours of sale. (a) No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) Between 2:00 a.m. (if licensee has a 2:00 a.m. license issued by the state commissioner of public safety) and 8:00 a.m. on the days of Monday through Sunday. (2) On Sundays: (b) No Sale of intoxicating liquor may be made by an off-sale licensee: (1) On Sundays; (2) Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday; (3) On Thanksgiving Day; (4) On Christmas Day, December 25; or (5) After 8:00 p.m. on Christmas Eve, December 24. (Code 1982, § 5-71) State law reference – Hours and days of sale, Minn. Stats. § 340A.504, Subd. 4. Sec. 6-117. Persons eligible for issuance of licenses. (a) A license under this article may be issued only to a person who is a citizen of the United States or resident alien and who is of good moral character and repute, who has attained the age of 21 years and who is the proprietor of the establishment for which the license is issued. If a corporation or partnership is the owner of the establishment, the license shall then be issued to the primary and acting manager of the establishment and the designated corporate officer or for a partnership a designated partner. The corporation or partnership which is the owner of an establishment shall notify the city within 48 hours if the person licensed as the primary and acting manager of the establishment can no longer perform the duties of a primary and acting manager. This includes but is not limited to reassignment, termination, or demotion. The corporation or partnership shall immediately have the new primary and acting manager apply for a license. (b) The city has the following types of intoxicating liquor licenses: Class A – required to maintain at least 60% annual gross sales in non-liquor related items. Class B – required to maintain at least 30% - 59% annual gross sales in non-liquor related items. Class C – establishments are exempt from the percentage of gross sales in non-liquor related sales but must meet State Statute requirements for Sunday sales. At the earliest practicable time after application is made for a renewal of an on-sale intoxicating liquor or wine license and, in any event, prior to the time that the application is approved by the 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 for the preceding 12-month period beginning January 1 and ending on December 31. A foreign corporation shall also file a current certificate of authority. New license holders are to provide the first full year of sales as soon as is practicable. Exceptions to this are bowling centers and golf courses that are permitted to include in their 60% gross profit receipts, vending machine sales, bowling and golfing activities and other recreational activities and sales including, but not limited to bowling, bowling equipment, golfing, golf equipment, arcade games and billiards. (Code 1982, § 5-72; Ord. No. 797B, § 1, 7-27-1999) State law reference—Similar provisions, Minn. Stats. § 340A.402 Sec. 6-118. Persons ineligible for issuance of license. (a) No license required under this article may be issued to a person who has had an intoxicating liquor or nonintoxicating liquor license revoked within five years of the license application. (b) No new license may be issued to and the city council may refuse to renew the license of a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. The section also applies to current license holders sanctioned pursuant to this article. (Code 1982, § 5-72.5) State law reference—Similar provisions, Minn. Stats. § 340A.402. Sec. 6-119. Investigations of on-sale applicants for issuance or renewal of license. (a) The city shall, upon initial application under this article for an on-sale license forward the application to the Police Chief for a background and financial investigation. The application must be in the form prescribed by the state bureau of criminal apprehension and with any additional information as the city council requires. In addition, an investigation may be required prior to renewal of an existing on-sale license when the city council deems it in the public interest. (b) No on-sale license may be issued or renewed under this article if the results of the investigation show that issuance or renewal would not be in the public interest. The findings of the investigation will then be forwarded to the city council for approval or denial. (Code 1982, § 5-73) State law reference—Similar provisions, Minn. Stats. § 340A.412, Subd. 2. Sec. 6-120. Location restrictions. (a) No license may be issued under this article for premises located within areas restricted against commercial use through zoning ordinances and other proceedings or legal processes regularly had for that purpose, except that licenses may be issued to restaurants in areas which were restricted against commercial uses after the establishment of the restaurant. (b) No license may be issued contrary to the provisions of any ordinance or any special law restricting areas within which intoxicating liquor may be sold. (c) No license may be issued under this article for premises or places in which the sale or use of intoxicating liquor is prohibited by Minn. Stats. ch. 340A. (Code 1982, § 5-74) State law reference—Similar provisions, Minn. Stats. § 340A.412, Subd. 4. Sec. 6-121. Denial of license to person in connection with premises of another. An intoxicating liquor license may not be issued under this article to a person in connection with the premises of another to whom a license could not be issued under Minn. Stats. ch. 340A. This section does not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a noncitizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of Minn. Stats. ch. 340A. (Code 1982, § 5-75) State law reference—Similar provisions, Minn. Stats. § 340A.412, Subd. 5. Sec. 6-122. One license for any one person or premises; possession of interest in more than one license. (a) No more than one off-sale or on-sale intoxicating liquor license may be directly or indirectly issued under this article to any one person or for any one place in the city. (b) It is unlawful for a person to knowingly have or possess a direct or indirect interest in more than one license in the city. Upon conviction therefor the city council may immediately revoke all licenses of the person. The term "interest," as used in this subsection, shall be as defined in Minn. Stats. § 340A.412, Subd. 3. (Code 1982, § 5-76) State law reference—Similar provisions, Minn. Stats. §§ 340A.301, Subd. 7, 340A.412, Subd. 3. Sec. 6-123. Posting of licenses. A license issued under this article must be posted in a conspicuous place in the premises for which it is issued. (Code 1982, § 5-77) State law reference—Similar provisions, Minn. Stats. § 340A.410, Subd. 4. Sec. 6-124. Licenses for drugstores. No license may be issued under this article to a person operating a drugstore unless the person has operated it for at least two years or has purchased a drugstore that has been in continuous operation for two or more years. (Code 1982, § 5-78) State law reference—Similar provisions, Minn. Stats. § 340A.412, Subd. 7. Sec. 6-125. Issuance of federal permit as condition to license issuance. No license granted under this article shall be effective until a permit is issued to the licensee under the laws of the United States, if such a permit is required under the laws of the United States. (Code 1982, § 5-79) Sec. 6-126. Responsibilities of licensee for place of business; gambling, prostitution or disorderly conduct; age requirements for employees. (a) A licensee under this article is responsible for the conduct of the licensee's place of business and for conditions of sobriety and order therein. (b) No licensee under this article may keep, possess or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, a slot machine, dice or any gambling device or apparatus, nor permit any gambling therein. However, gambling devices may be kept or operated and raffles conducted on licensed premises and adjoining rooms when such activities are licensed by the city pursuant to Minn. Stats. ch. 349. (c) The following acts or conduct on licensed premises are unlawful and shall be cause for revocation of the license: (1) to employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. (2) to employ or use the services of any hostess while such hostess is unclothed or in such attire, costume or clothing as described in subparagraph (1) above. (3) to encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any person. (4) to permit any employee or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof. (5) to permit any person to perform acts of or acts which simulate: a. with or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law. b. masturbation or bestiality. c. with or upon another person the touching, caressing or fondling on the buttocks, anus, genitals or female breast. d. the displaying of the pubic hair, anus, vulva, genitals or female breast below the top of the areola. (6) to permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. (7) to permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (8) to permit the showing of film, still pictures, electronic reproduction or other visual reproductions depicting: a. acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law. b. any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. c. scenes wherein a person displays the vulva or the anus or the genitals. d. scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above. (d) No person under 18 years of age may be employed in any rooms constituting the place in which intoxicating liquors are sold at retail on-sale, except that persons under 18 years may be employed as musicians or to perform the duties of a busperson or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on-sale. (Code 1982, § 5-80) State law reference—Similar provisions, Minn. Stats. § 340A.412, Subd. 10. Sec. 6-127. Operation of coin-operated amusement devices by minors in barrooms. Coin-operated amusement devices may not be used by a person under the statutory age of majority in an intoxicating liquor dispensing barroom in the city licensed under this article. (Code 1982, § 5-81) Sec. 6-128. Reserved. Sec. 6-129. Transfer of license; transfer of corporate stock; change of corporate officers. (a) No license granted under this article may be transferred from person to person or from place to place without the consent of the city. (b) Where a license is held by a corporation, a change in ownership of ten percent or more of the stock of the corporation must be reported in writing to the city within ten days of the transfer. (c) The transfer of stock in a corporate license shall be deemed a transfer within the meaning of this section, and no such transfer of stock may be made without the consent of the city. It is the duty of the officers of a corporation holding a license issued under the authority of this article to notify the city of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer shall be effective without the consent of the city given in the manner set forth in this section. The transfer of any stock without the knowledge and consent of the city shall be deemed sufficient cause for revocation by the city council of a license granted to such corporation under the authority of this article. (d) Such corporate officers mentioned in subsection (c) of this section must notify the city whenever any change is made in the officers of the corporation. Failure to so notify the city is likewise sufficient cause for revocation of a liquor license granted to such corporation. (Code 1982, § 5-83) Sec. 6-130. Suspension or revocation of licenses. (a) The city council may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions on a finding that the license or permit holder has: (1) Sold alcoholic beverages to another retail licensee for the purpose of resale; (2) Purchased alcoholic beverages from another retail licensee for the purpose of resale; (3) Conducted or permitted the conduct of gambling on the licensed premises in violation of the law; (4) Failed to remove or dispose of alcoholic beverages when ordered by the state commissioner of public safety to do so under Minn. Stat. § 340A.508, Subd. 3; or (5) Failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. (b) No suspension or revocation takes effect until the license or permit holder has been given an opportunity for a hearing under Minn. Stat. §§ 14.57--14.69, but nothing in this section requires the city to conduct the hearing before an employee of the state office of administrative hearings. Imposition of a penalty or suspension by either the city or the state commissioner of public safety does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stated maximum. Imposition of civil penalty does not preclude charging under appropriate criminal statutes by city, county, state or federal agencies. Sec. 6-131. Temporary liquor licenses for nonprofit organizations. Notwithstanding any other section of this chapter, a club or charitable, religious, or other nonprofit organization in existence for at least three years may obtain an on-sale license to sell intoxicating liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may authorize on-sales on the premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on-sale intoxicating liquor license issued by the city. The fee for such license shall be established by the city council from time to time. The city may not issue more than three four- day, four three-day, six two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per year. State law reference—Similar provisions, Minn. Stats. § 340A.404, Subd. 10. Sec. 6-132. Application for temporary liquor license. Application for a temporary liquor license shall be on forms provided by the city clerk and shall contain such information as specified by the city clerk including the following: (1) The name, address and purpose of the organization, together with the full names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates, and hours during which intoxicating liquor will be sold. (3) Consent of the owner or manager of the premises or person or group with lawful responsibility for the premises. (4) An application must be placed on file when it is received by the city clerk who will forward it to the appropriate staff for review. Temporary liquor licenses for non-profits may be approved by the City Manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. Applicant is required to meet with the police chief to discuss measures to eliminate the sale of alcohol to underage person, general security and the city ordinances pertaining to this article. The clerk will also forward the application to the fire marshal for inspection of the premises where applicable. (Code 1982, § 5-86) Secs. 6-133—6-160. Reserved. DIVISION 2. ON-SALE AND OFF-SALE LICENSES Subdivision I. In General Sec. 6-161. Established. There are hereby established the following city intoxicating liquor licenses: (1) On-sale. (2) Off-sale. (3) Limited off-sale. (Code 1982, § 5-96) Sec. 6-162. Reserved Sec. 6-163. Sunday sales licenses for on-sale licensees. The holder of an on-sale liquor license under this division may apply to the council for a Sunday sales license. The city council may after one public hearing grant an on-sale licensee a Sunday sales license permitting the licensee to sell intoxicating liquor between the hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays in conjunction with the sale of food, provided that the licensee is in conformance with the Minnesota Clean Air Act. An application for a Sunday sales license must be made at the same time and on the same application as the on-sale licensee uses to apply for an on-sale license or renewal thereof. If the first application for a Sunday sales license is made before the time for renewing the on-sale license, the clerk may provide for a special supplementary application for the Sunday sales license. No Sunday sales license may be issued to an on-sale licensee unless the licensee operates a restaurant serving meals regularly to the public and having facilities for serving at least 30 diners at the same time. Under a Sunday sales license, liquor may be served on Sundays only to people seated at restaurant or dining room tables. (Code 1982, § 5-98) State law reference—Authority for above section, Minn. Stats. § 340A.504, subd. 2(2). Sec. 6-164. Application; payment of fee. (a) A person desiring a license to sell intoxicating liquor in the city pursuant to this division shall make a verified written application to the city council and must file it with the city clerk. The application form must require that the following information be given on the application, along with such further information the state commissioner of public safety, the council or the clerk may require: (1) The applicant's full name, date of birth and place of residence. (2) The location of the premises on which the applicant proposes to sell intoxicating liquor and an exact description of the particular place within the building structure where such sales are proposed. (3) Whether the applicant has ever been engaged in a similar business, and, if so, the location thereof and the dates when so engaged. The application must be signed and verified by the applicant in person and, if the applicant is a corporation, by an officer of the corporation. (4) If the applicant is a corporation or club, it must attach a copy of its bylaws. No license will be issued to the applicant if the bylaws express, directly or indirectly, any limitation or discrimination on the basis of race. (b) Upon receipt of the application and the proper amount of the license fee, the clerk must give the applicant a receipt containing a statement of the purpose for which the deposit was paid. (Code 1982, § 5-105) Sec. 6-165. Investigation of applicant; inspection of premises; council hearing; grant or denial. (a) The city clerk must immediately transmit an application for a license submitted under this division to the police chief for investigation of the applicant. Relevant information will also be forwarded to the fire marshal for inspection of the premises. (b) Upon completion of the investigation under subsection (a) of this section, the police chief or the city clerk shall report the findings to the city council at a public hearing on the application held according to law. (c) The city council must either grant or deny the application for a license under this division after the public hearing is held under subsection (b) of this section. (Code 1982, § 5-106) State law reference—Investigation of on-sale license applicants, Minn. Stats. § 340A.412, subd. 2. Sec. 6-166. Surrender of on-sale 3.2 percent malt beverage license before issuance of off-sale intoxicating liquor license; state approval of bonds. (a) Where the application under this division is for an off-sale liquor license and the applicant holds an on-sale 3.2 percent malt liquor license issued by the council, the council may not grant an off-sale liquor license until the applicant surrenders the on-sale 3.2 percent malt liquor license. (b) If an off-sale license is granted under this division, the clerk is to issue the license whenever the bond required by this division has been approved by the state commissioner of public safety and the commissioner advises the clerk that he approves of issuing the particular applicant a license. (c) If an on-sale license is granted under this division, of the city council must direct the clerk to issue the license whenever the bond required by this division has been approved by the council. (Code 1982, § 5-107) State law reference—Off-sale intoxicating liquor license prohibited for place where nonintoxicating percent malt beverages sold for consumption on premises, Minn. Stats. § 340A.412, Subd. 12. Sec. 6-167. Effect of denial. Should the application for a license under this division be denied, the city clerk shall refund to the applicant the deposit for license fees made when the application was filed. Any amount paid by the applicant for the conduct of an investigation of the applicant shall be retained by the city. (Code 1982, § 5-108) Sec. 6-168. Bond. (a) No off-sale license required under this division shall be granted until a bond in the sum of $1,000.00 shall be furnished and approved by the state commissioner of public safety and filed with the proper city officers. (b) The surety on the bond required by subsection (a) of this section shall be a surety company duly licensed to do business in the state, and the bond shall be approved as to form and execution by the state attorney general. (c) All bonds required by subsection (a) of this section, when approved by the proper city or state officer, shall be deposited as directed by the commissioner of public safety. (d) All bonds required by subsection (a) of this section, for an off-sale license, shall be conditioned as directed by the commissioner of public safety. (Code 1982, § 5-109) Sec. 6-169. Ineligibility of certain premises. No off-sale license shall be issued under this division for premises located 1,000 feet from an existing off- sale premise. Licensed premises that fall within 1,000 feet of each other before November 1, 2006 shall be exempt from the 1,000 foot requirement until that time that the licensed establishment is sold for a purpose other than an off-sale liquor store. (Code 1982, § 5-110) State law reference—Authority for above section, Minn. Stats. § 340A.412, Subd. 4. Sec. 6-170. Duration. All licenses granted under this division expire on December 31 of each year. (Code 1982, § 5-111) Sec. 6-171. Extent of licensed premises. Except as authorized in section 6-112, no on-sale or off-sale license issued under this division is effective beyond the compact and contiguous space for which the license was granted. Licensed premises are the premises described in the approved license application. (Code 1982, § 5-112) State law reference—Similar provisions, Minn. Stats. § 340A.101, subd. 15. Sec. 6-172. Alcohol Awareness Training. Within six (6) months of the initial issuance of a new on-sale, off-sale liquor license or a new wine license, not less than 75% of the employees authorized to serve or sell wine or liquor on the licensed premises shall have completed an alcohol awareness program approved by the police chief. Existing on-sale, off-sale liquor license or wine license holders shall within three (3) months of the passage of this ordinance complete an alcohol awareness program approved by the police chief. The employees authorized to serve or sell alcoholic beverages on the licensed premises shall annually complete an alcohol awareness program approved by the police chief. Secs. 6-173—6-190. Reserved. Subdivision II. Special Club Licenses Sec. 6-191. Issuance. An on-sale liquor license may be issued by the council to a bona fide club which has been in existence for 20 years and which is incorporated under the laws of the state. For congressionally chartered veterans' organizations, such clubs shall have been in existence for ten years prior to January 1, 1961. (Code 1982, § 5-99) Minn. Stats. § 340A.101 Subd.7 Sec. 6-192. Sales limited to members only. Any special club license issued under this subdivision shall be a license for the sale of intoxicating liquors to club members only. (Code 1982, § 5-100) Sec. 6-193. Fee and application. The license fee for a special club license issued under this subdivision shall be in such amount as may be imposed, set, established and fixed by the city council from time to time, and the applicant shall make application for the license on a form to be furnished by the clerk. This application shall be in substantially the same form as an application of a public on-sale liquor license (Code 1982, § 5-102) Sec. 6-194. Applicability of other sections. The holder of a license issued under this subdivision is subject to all of the sections of this Code pertaining to the issuance of intoxicating liquor licenses. (Code 1982, § 5-103) Secs. 6-195—6-220. Reserved. DIVISION 3. ON-SALE WINE LICENSES* Subdivision I. In General Sec. 6-221. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: On-sale wine licenses means licenses authorizing the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, and in conjunction with the sale of food. Holders of an on-sale wine license are permitted to sell intoxicating malt liquor without an additional license. *State law reference—On-sale wine licenses, Minn. Stats. § 340A.404, Subd. 5. Restaurant means an establishment other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and which has seating capacity for not less than 30 guests. Seating means the usual and regularly available seating accommodations for guests of the establishment to sit at tables for the purpose of eating meals. (Code 1982, § 5-126) State law reference—Similar definitions of the terms "on-sale wine licenses" and "restaurant," Minn. Stats. §§ 340A.101, Subd. 25, 340A.404, Subd. 5. Sec. 6-222. Required; exceptions. No person, except wholesalers or manufacturers to the extent authorized under state license, the municipal liquor dispensary and those having an on-sale intoxicating liquor license issued under division 2 of this article, shall directly or indirectly deal in, sell or keep for sale any wine or intoxicating malt liquor without first having a license to do so as provided for in this division. (Code 1982, § 5-127) Sec. 6-223. Issuance only to restaurants. On-sale wine licenses shall be issued only to restaurants meeting the requirements of this division. (Code 1982, § 5-128) State law reference—City may issue on-sale wine licenses only to restaurants having facilities for seating at least 25 guests at one time, Minn. Stats. § 340A.404, Subd. 5. Sec. 6-224. Number unlimited. An unlimited number of on-sale wine licenses may be issued under this division. (Code 1982, § 5-129) State law reference—Authority of city to issue on-sale wine license to any restaurant having facilities for seating at least 25 guests at one time, Minn. Stats. § 340A.404, Subd. 5. Sec. 6-225. Fees and application. (a) The annual license fee must be paid in full before an application for a license required under this division is accepted. Notification on the application shall indicate applicant’s intention to sell intoxicating malt liquor. (b) Upon rejection of any application for a license under this division or upon withdrawal of an application before approval of the issuance by the city council, the license fee must be refunded to the applicant. (c) Where a new application is filed as a result of the incorporation of an existing licensee and the ownership, control and interest in the license under this division are unchanged, no additional license fee will be required. (Code 1982, § 5-130) Sec. 6-226. Approval by state. Licenses issued pursuant to this division shall not be effective until approved by the state commission of public safety. (Code 1982, § 5-131) State law reference—Similar provisions, Minn. Stats. § 340A.404, Subd. 5. Sec. 6-227. Sale of intoxicating malt liquors with an on-sale wine license. A holder of an on-sale wine license issued pursuant to this division whose gross receipts are at least 60 percent attributable to the sale of food, is permitted to sell intoxicating malt liquors at on-sale without an additional license. Sec. 6-228. Duration. All licenses issued under this division expire on December 31 of each year. (Code 1982, § 5-134) Secs. 6-229—6-250. Reserved. Subdivision II. Temporary Wine Licenses Sec. 6-251. Issuance to nonprofit organizations. Notwithstanding any other section of this chapter, a bona fide nonprofit charitable, religious or veterans' organization may obtain an on-sale license to sell wine not exceeding 14 percent alcohol by volume and intoxicating malt liquor for consumption on the licensed premises only. The fee for such license shall be established by the city council by resolution from time to time. The city may not issue more than three four- day, four three-day, six two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per year. State law reference—Similar provisions, Minn. Stats. § 340A.410 Subd. 10 Sec. 6-252. Application. Application for a temporary license under this subdivision shall be on forms provided by the city clerk who will forward it to the appropriate staff for review. Temporary wine licenses for non-profits may be approved by the City Manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. The clerk will also forward the application to the fire marshal for inspection of the premises where applicable. Such information shall be as specified by the city clerk, including the following: (1) The name, address and purpose of the organization, together with the names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates and hours which wine will be sold. (3) Consent of the owner or manager of the premises or the person or group with lawful responsibility for the premises. (Code 1982, § 5-136) Sec. 6-253. Applicability of division 4 of article. Division 4 of this article shall not apply to temporary wine licenses granted under this subdivision. (Code 1982, § 5-137) Secs. 6-254—6-280. Reserved. DIVISION 4. BOTTLE CLUBS* Sec. 6-281. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bottle club means a club, as defined in Minn. Stats. § 340A.101, Subd. 7, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, as defined in Minn. Stats. § 340A.101, Subd. 7, and which is not licensed for the sale of intoxicating liquor, either on-sale or off- sale or both. (Code 1982, § 5-146) State law reference—Similar provisions, Minn. Stats. § 340A.414, Subd. 2. Sec. 6-282. Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display intoxicating liquor. (a) A bottle club holding a permit issued under Minn. Stats. § 340A.414, Subd. 2, may allow members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. A bottle club or any unincorporated society which has more than 50 members and which has, for more than a year, owned, hired, or leased space in a building of such extent and character as may be suitable and adequate for its members and which holds a permit issued under Minn. Stats. § 340A.414 may allow members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. Every bottle, container, or other receptacle containing intoxicating liquor stored by a member must have attached to it a label signed by the member of the club. All liquor on the premises of the club must be labeled as required in this section, and any not being actually used or consumed by the owner thereof must be kept in a locker designated to the use of such member. (b) It is unlawful for a club member under 21 years of age to be assigned a locker for the storage of intoxicating liquor or to consume or display or be permitted to consume or display intoxicating liquor on any premises owned or controlled by such private club holding a permit issued under Minn. Stats. § 340A.414. (Code 1982, § 5-147) Sec. 6-283. State permit. It is unlawful in the city for a bottle club or for a business establishment, directly or indirectly, or upon any pretense or by any device to allow the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor without having first obtained a permit therefor. Such permit may be issued by the state commissioner of public safety, after approval by the city council and the payment of the local license fee imposed by the city council, pursuant to Minn. Stats. § 340A.414, subds. 5 and 6, for a period of one year to expire on July 1 next following issuance of such license, and the license must be renewed annually on July 1. The application for such permit must be made to the state commissioner of public safety. (Code 1982, § 5-148) State law reference—Similar provisions, Minn. Stats. § 340A.414, subds. 5 and 6. Sec. 6-284. Annual license fee. Whenever a person owning or operating a private club or public place in the city applies for a permit from the state commissioner of public safety pursuant to Minn. Stats. § 340A.414, Subd. 6, the applicant must obtain the approval of the city council and must pay the city a local license fee as set by the council from time to time for any one year or any part thereof, expiring on the subsequent July 1 next following the issuance of the license. The permit, council approval and local license fee payment must be renewed annually on July 1. If such permit is applied for by a nonprofit organization or by a governmental unit, the operation of which is determined by the council to be of civic benefit to the city, the council may approve the issuance of a permit to the nonprofit organization or governmental unit at an annual local license fee of not less than a fee per year as set by the council from time to time, provided that the permit is for less than five days per year. (Code 1982, § 5-149) State law reference—Authority conferred upon city council to impose a local license fee not exceeding $300.00 per year on bottle clubs holding state permits, Minn. Stats. § 340A.414, Subd. 6. Sec. 6-285. Hours of consumption or display of intoxicating liquor. No establishment licensed under Minn. Stats. § 340A.414 may permit a person to consume or display intoxicating liquor and no person may consume or display intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays; between 1:00 a.m. and 8:00 a.m. on Monday through Saturday; between 1:00 a.m. and 3:00 p.m. on Memorial Day; or between 1:00 a.m. and 8:00 p.m. on any state or city primary, special or general election day held in the city. (Code 1982, § 5-150) State law reference—Similar provisions, Minn. Stats. § 340A.411, subds. 5 and 6. Sec. 6-286. Inspections. A bottle club or business holding a permit issued under Minn. Stats. § 340.414 is open for inspection by the commissioner of public safety and the commissioner's representative and by peace officers, who may enter and inspect during reasonable hours. Refusal to permit the commissioner, the commissioner's representative or a peace officer to enter and inspect the premises is a violation. (Code 1982, § 5-151) State law reference—Similar provisions, Minn. Stats. §§ 340A.414, Subd. 7, 340A.907. Sec. 6-287. Restrictions on permit approval by council. No approval by the city council of a permit required by Minn. Stats. § 340A.414 may be given to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members or when the business establishment or the owner thereof holds a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquors. (Code 1982, § 5-152) State law reference—Similar provisions, Minn. Stats. § 340A.414. Sec. 6-288. Inapplicability of division. This division has no application to a person or a premises licensed for the sale of intoxicating liquor under the state Intoxicating Liquor Act and division 2 of this article, but any such person or premises, being a business establishment, is eligible for a permit authorized by Minn. Stats. § 340A.414. (Code 1982, § 5-153) State law reference—Similar provisions, Minn. Stats. § 340A.414. Sec. 6-289. Violations. A violation of this division is a misdemeanor, and any violation of section 6-282 is grounds for the revocation of such permit by the state commissioner of public safety. (Code 1982, § 5-154) State law reference—Similar provisions, Minn. Stats. § 340A.701. Sec. 6-290. Seizure and disposal of intoxicating liquor sold, served or displayed in violation of division. Intoxicating liquors sold, served or displayed in the presence of anyone authorized to inspect the premises, as provided in this division, in violation of this division are subject to seizure for purposes of evidence and, contingent on determination by a court, shall be disposed of as provided in Minn. Stats. § 340A.904. (Code 1982, § 5-155) State law reference—Similar provisions, Minn. Stats. § 340A.904, Subd. 1. Secs. 6-291—6-315. Reserved. Passed by the City Council of the City of Maplewood, Minnesota on October 23, 2006.