Please ensure Javascript is enabled for purposes of website accessibility Ordinance No. 223 - Non-Intoxicating Liquors - Wabasso MN

AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICAZTING MALT LIQUORS AND PROVIDING A PENALTY FOR VIOLATION THEREOF

The Council of the City of Wabasso ordains:

Section 1. Definition of Terms

Subdivision 1. Beer.  As used in this ordinance “beer” or “non-intoxicating malt liquor” means any malt beverage with an alcoholic content not less than one-half of one percent by volume and not more than three and two-tenths percent by weight.

Section 2.  License Required.

Subdivision 1. Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, may directly or indirectly, on any pretense or by any devise, sell barter, keep for sale, gift, or otherwise dispose of beer within the City without first having received a license hereinafter provided. Licenses shall be of three kinds: (1) Regular “on-sale”; (2) Temporary “on-sale”; (3) Off-sale.

Subdivision 2.  Regular On-sale. Regular “on-sale” licenses shall be granted only to drug stores, restaurants, hotels, clubs, and establishments used exclusively for the sale of non-intoxicating malt liquor with the incidental sale of tobacco and soft drinks and shall permit the sale of beer for consumption on the premises only. Any person licensed to sell intoxicating liquor at “on-sale” shall not be required to obtain an “on-sale” license under this section and may sell beer at “on-sale” without further license.

Subdivision 3. Temporary “On-sale”. Temporary “on-sale” licenses shall be granted only to charitable, religious, and non-profit organizations for the sale of beer for consumption of beer on the premises only.

Subdivision 4. Off-sale. “Off-sale” licenses shall permit the sale of beer at retail, in the original packages for consumption off the licensed premises only. Any person licensed to sell intoxicating liquor at “off-sale” license under this section and may sell beer at “off-sale” without further license.

Section 3. License Applications.

Subdivision 1. Form. Every application for a license to sell beer shall be made to the City Clerk on a form supplied by the city and containing such information as the clerk or the city council may require. It shall be unlawful to make any false statement in an application.

Subdivision 2. Liability Insurance. Prior to the issuance of a beer license the applicant shall file with the City Clerk a liability insurance policy providing the following coverage:

  • Fifty Thousand Dollars ($50,000.00) resulting in bodily injury to any one person in any one occurrence, and
  • Subject to the limit for one person expressed in Paragraph a Above, One Hundred Thousand Dollars ($100,000.00) resulting in bodily injury to two or more persons in any one occurrence, and
  • Ten Thousand Dollars ($10,000.00) resulting in injury or destruction of property of others in any one occurrence, and
  • Fifty Thousand Dollars ($50,000.00) for the loss of means of support of any one person in any one occurrence, and subject to the limit for one person, One Hundred Thousand Dollars ($100,000.00) for loss of means of support of two or more persons in any one occurrence,

And shall comply with the provisions of Minnesota Statutes, Section 340A.409 relating to liability insurance policies.

This Subdivision does not apply to licensees who by affidavit establish that:

  • They are “on-sale” non-intoxicating malt liquor licensees with sales of less than Ten Thousand Dollars ($10,000.00) of non-intoxicating liquor for the preceding year;
  • They are “off-sale” non-intoxicating licensees with sales of less than Twenty Thousand Dollars ($20,000.00) of non-intoxicating malt liquor for the preceding year;
  • They are holders of “on-sale” wine licenses with sales of less than Ten Thousand Dollars ($10,000.00) for wine for the preceding year; or
  • They are holders of temporary wine licenses issued under law.

Section 4. License Fees.

Subdivision 1. Payment Required. Each application for a license shall be accompanied by a receipt for the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the city. Upon rejection of any application for a license, the treasurer shall refund the amount paid.

Subdivision 2. Expiration; pro Rata Fees. Every license except a temporary license shall expire on the last day of the December in each year. Each license except a temporary license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be granted for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license.

Subdivision 3. Fees. The annual fee for regular “on-sale”, “off-sale” and temporary “on-sale” licenses shall be established by resolution of the City Council from time to time.

Subdivision 4. Refunds. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the council within 10 days from happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operations of the licensed business cease not less than one month before expiration of the license because of:

  • Destruction or damage of the licensed premises by fire or other catastrophe
  • The licensee’s illness
  • The licensee’s death
  • A change in the legal status of the municipality making it unlawful for the licensed business to continue.

Section 5. Granting of License

Subdivision 1. Investigation and Hearing. 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 such investigation and hearing, the council shall grant or refuse the application in its discretion.

Subdivision 2. Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the council.

Section 6. Persons Ineligible for License.

Subdivision 1. Persons Ineligible. No license shall be granted to or held by any person who:

  • Is not a citizen of the United States or a resident alien;
  • Has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sales, distribution, or possession for sale or distribution of intoxicating or non-intoxicating malt liquors;
  • Has had an intoxicating liquor or non-intoxicating liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any person is in any manner interested;
  • Is not of good moral character and repute;
  • Is not the proprietor of the establishment for which the license is issued;
  • Is not a resident of the city; or
  • Is under 19 years of age.

Subdivision 2. General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law.

Subdivision 3. Delinquent Taxes and Charges. No license shall be granted for operations on a premises for which taxes, assessments, or other financial claims of the city are delinquent or unpaid.

Section 7. Conditions of License

Subdivision 1. General Conditions. Every License shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other ordinance of the city or state law.

Subdivision 2. Sales to Persons Under 21 Years of Age. No beer shall be sold or served to any person under 21 years of age.

Subdivision 3. Sales to Intoxicated Persons. No person may sell, give, furnish, or in any way procure for another alcoholic beverages for the use of an obviously person.

Subdivision 4. Interest of Manufaturers or Wholesalers. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes Section 340A.301, Subdivision 7. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a licensee.

Subdivision 5. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a consumption and display permit shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquors. The presence of intoxicating liquors on the premises of such a licensed premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance.

Subdivision 6. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the license premises authorized to sell or serve beer shall be deemed the act of the licensee as well as the licensee shall be liable for all penalties provided by this ordinance equally with the employee.

Subdivision 7. Employment of Person Under 18 years of Age. No persons under 18 years of age shall sell or serve such beer for consumption on the premises described in an “on-sale” license, and no “on-sale” licensee shall cause, suffer, or permit any person under 18 years of age to sell or serve beer for consumption on the premises as described in the license of such licensee.

Subdivision 8. Display of License. All licensed premises shall have the license thereof posted in a conspicuous place at all times.

Subdivision 9. Restrictions on Consumption. In any place licensed for “on-slae” all windows in front of any such place shall be in clear glass and the view of the whole interior shall be unobstructed by screens, curtains, or partitions.  There shall be no partitions, stalls, screens, curtains, or other devises which shall obstruct the view of any part of said room from the general observation of persons in said room; provided however, that partitions, subdivisions or panels not higher than 42 inches from the floor shall not be construed as to conflict with the forgoing.

Section 8. Closing Hours.

No sale of beer shall be made on any Sunday between the hours of 1:00 am and 12:00 noon. No sale shall be made between the hours of 1:00 am and 8:00 am on any other day. The premises for which an “on-sale” license is granted shall be closed to the public no later than 1:30 am on any day and no individuals, except for the licensee and/or his employees, shall be present on the premises when closed.

Section 9. Restrictions on Purchase, Possession and Consumption.

Subdivision 1. Violations. It shall be unlawful for any:

  • Licensee or his employee to sell or serve beer to any person under the age of 21 years or to permit any person under the age of 21 years to consume beer on the licensed premises;
  • Person other than the parent or legal guardian to procure beer for any person under the age of 21 years;
  • Person to induce a person under the age of 21 years to purchase or procure beer;
  • Person under 21 years of age to misrepresent his age for the purpose of obtaining beer;
  • Person under the age of 21 years to consume. Or possess with intent to consume, any beer in violation of M.S.A. 340A.503, Subdivision 1, Subsection (2) and Subdivision 3.

Subdivision 2. Other persons Excepted. A person who was born on or before September 1, 1967, may continue to purchase and consume alcoholic beverages and shall be treated for purposes of Minnesota Statutes, Chapter 340A, as a person who is 21 years old.

Subdivision 3. Consumption Prohibited-Where. No beer shall be consumed in any theater, recreation hall or center, dance hall, ball park, or other place of public gathering used for the purpose of entertainment, amusement or playing of games, except under the terms of a Temporary “on-sale” license.

Subdivision 4. Liqour Consumption and Display. No person shall consume or display any beer on the premises of a licensee who is not also licensed to sell beer or who does not hold a consumption and display permit.

Section 10. Revocation

The violation of any provision or condition of this ordinance by a beer licensee or his agent is ground for revocation or suspension of the license. The license of any person who holds a federal retail dealer’s special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases, a license granted under this ordinance may be revoked or suspended after written notice to the licensee and a public hearing. The notice shall give at least 10 days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The council may suspend any license pending a hearing on revocation or suspension. No suspension shall exceed 60 days.

Section 11. Penalty.

Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $700 or imprisonment in the county jail for not more than 90 days, or both, plus the cost of prosecution in any case.

Section 12. Repeal.

Ordinance No. 215 and all ordinances inconsistent with this ordinance are hereby repealed.

Section  13. Effective Date.

This ordinance becomes effective upon its passage and publication according to law.

            Passed by the council this 12th day of January, 1986.

                                                                                                Brian White, Mayor

ATTEST:

Marilyn J. Davis, City Clerk

Summary published in the Wabasso Standard on January 15, 1986

AMENDMENT TO ORDINANCE NO. 223

The city of Wabasso ordains that Ordinance No. 223 entitled “AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR VIOLATION THEREOF” shall be amended by adding Subdivision 7 entitled “ Beer Garden Permits” to section 2 to read as follows:

Section 2. License Required.

Subd. 7 Beer garden permits. Upon application for a beer garden permit may be granted to the licensee of an on-sale non-intoxicating liquor licensee to allow sales and consumption outside of the interior of the fixed, permanent structure the licensee occupies, under the following restrictions:

  1. The sales may only occur in an area with a finished floor surface, which surface area cannot exceed 1,200 square feet and which surface must be constructed of poured cement, asphalt or treated decking;
  2. The outside serving area shall be fenced in with snow fencing or similar fencing;
  3. Access for ingress and egress to the outside serving area shall only be permitted through a doorway directly to the interior of the building occupied by the licensee;
  4. The outside serving area shall be constructed in conformance with all applicable set back and zoning regulations;
  5. The licensee shall, as part of the application for the beer garden permit, provide proof to the City that the outside serving area is covered by liability insurance complying with the provisions of Minnesota Statutes Sections 340A.409;
  6. Times of operation shall not exceed 11:00 pm on any given day;
  7. No live music may be played in the outside serving area;
  8. At no time may the noise level measured at 25 feet from any exterior point of the perimeter of the outside serving area exceed 85 decibels;
  9. Prior to commencement of construction of the improvements constituting the outside serving area, sketch plans shall be submitted to the City Clerk for review and approval by the City council;
  10. If tents are used, no cooking or any other open flame will be used, and smoking will not be permitted;
  11. The permit may authorize the “on-sale” of non-intoxicating liquor for not more than four consecutive days. No more than three four-day, four three-day or six two –day permits in any combination not to exceed twelve days per year, shall be issued to any one licensee and no more than one such permit shall be issued to any one licensee within one thirty day period;
  12. Permits under this subdivision shall be valid only for the days indicated on it.

This amendment becomes effective upon its adoption and publication according to law.

AMENDMENT OF ORDINANCE NO. 223

THE CITY COUNCIL OF THE CITY OF WABASSO ORDIANS THAT SECTION 7 OF ORDINANCE NO. 223 BE AMENDED AS FOLLOWS:

Subdivision 10. Prohibition of Nudity. The City council finds that the sale and/or presence of alcoholic beverages by the drink and adult entertainment occurring on the same premises can increase disorderly conduct and can result in incidents of prostitution, public masturbation, indecent exposure and/or sexual assault. In order to protect the health, safety and welfare of City residents, and pursuant to the City Council’s authority to regulate alcoholic beverages under Minnesota Statutes, Chapter 340A and the Twenty-first Amendment to the United States Constitution, on On-sale licensee under this Code shall permit or allow any person or persons from being upon the licensed premises when such person does not have his or her buttocks, anus, breast and genitals covered with a non transparent material.

A violation of this subdivision by the licensee or their employees or agents shall constitutes grounds for the suspension or revocation of any and all non-intoxicating licenses issued to such premises or to said licensee.

This amendment shall become effective upon publication according to law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Wabasso this 13th day of November, 2001.                                 

CITY OF WABASSO

                                                            Ervin R Marquardt, Mayor

ATTEST:

Marilyn J Davis, City Clerk

Published in the Wabasso Standard November 13, 2001

AMENDMENT TO ORDINANCE NO. 223

The City of Wabasso Ordains that Ordinance No 223 entitled “AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR VIOLATION THEREOF”   shall be amended by amending Section 4 Subdivision 4 to read as follows:

Subdivision 4. Refunds. No refund of any fee shall be made except as authorized by Statute.

This Amendment shall take effect immediately after passage and publication according to law.

Passed by the City Council this 12th day of April, 2004.

                                                                                                Ervin R Marquardt, Mayor

ATTEST:

Mary K. Smith, City Clerk

The Council of the City of Wabasso ordains:

Section 1. Definition of Terms

Subdivision 1. Beer.  As used in this ordinance “beer” or “non-intoxicating malt liquor” means any malt beverage with an alcoholic content not less than one-half of one percent by volume and not more than three and two-tenths percent by weight.

Section 2.  License Required.

Subdivision 1. Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, may directly or indirectly, on any pretense or by any devise, sell barter, keep for sale, gift, or otherwise dispose of beer within the City without first having received a license hereinafter provided. Licenses shall be of three kinds: (1) Regular “on-sale”; (2) Temporary “on-sale”; (3) Off-sale.

Subdivision 2.  Regular On-sale. Regular “on-sale” licenses shall be granted only to drug stores, restaurants, hotels, clubs, and establishments used exclusively for the sale of non-intoxicating malt liquor with the incidental sale of tobacco and soft drinks and shall permit the sale of beer for consumption on the premises only. Any person licensed to sell intoxicating liquor at “on-sale” shall not be required to obtain an “on-sale” license under this section and may sell beer at “on-sale” without further license.

Subdivision 3. Temporary “On-sale”. Temporary “on-sale” licenses shall be granted only to charitable, religious, and non-profit organizations for the sale of beer for consumption of beer on the premises only.

Subdivision 4. Off-sale. “Off-sale” licenses shall permit the sale of beer at retail, in the original packages for consumption off the licensed premises only. Any person licensed to sell intoxicating liquor at “off-sale” license under this section and may sell beer at “off-sale” without further license.

Section 3. License Applications.

Subdivision 1. Form. Every application for a license to sell beer shall be made to the City Clerk on a form supplied by the city and containing such information as the clerk or the city council may require. It shall be unlawful to make any false statement in an application.

Subdivision 2. Liability Insurance. Prior to the issuance of a beer license the applicant shall file with the City Clerk a liability insurance policy providing the following coverage:

  • Fifty Thousand Dollars ($50,000.00) resulting in bodily injury to any one person in any one occurrence, and
  • Subject to the limit for one person expressed in Paragraph a Above, One Hundred Thousand Dollars ($100,000.00) resulting in bodily injury to two or more persons in any one occurrence, and
  • Ten Thousand Dollars ($10,000.00) resulting in injury or destruction of property of others in any one occurrence, and
  • Fifty Thousand Dollars ($50,000.00) for the loss of means of support of any one person in any one occurrence, and subject to the limit for one person, One Hundred Thousand Dollars ($100,000.00) for loss of means of support of two or more persons in any one occurrence,

And shall comply with the provisions of Minnesota Statutes, Section 340A.409 relating to liability insurance policies.

This Subdivision does not apply to licensees who by affidavit establish that:

  • They are “on-sale” non-intoxicating malt liquor licensees with sales of less than Ten Thousand Dollars ($10,000.00) of non-intoxicating liquor for the preceding year;
  • They are “off-sale” non-intoxicating licensees with sales of less than Twenty Thousand Dollars ($20,000.00) of non-intoxicating malt liquor for the preceding year;
  • They are holders of “on-sale” wine licenses with sales of less than Ten Thousand Dollars ($10,000.00) for wine for the preceding year; or
  • They are holders of temporary wine licenses issued under law.

Section 4. License Fees.

Subdivision 1. Payment Required. Each application for a license shall be accompanied by a receipt for the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the city. Upon rejection of any application for a license, the treasurer shall refund the amount paid.

Subdivision 2. Expiration; pro Rata Fees. Every license except a temporary license shall expire on the last day of the December in each year. Each license except a temporary license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be granted for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license.

Subdivision 3. Fees. The annual fee for regular “on-sale”, “off-sale” and temporary “on-sale” licenses shall be established by resolution of the City Council from time to time.

Subdivision 4. Refunds. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the council within 10 days from happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operations of the licensed business cease not less than one month before expiration of the license because of:

  • Destruction or damage of the licensed premises by fire or other catastrophe
  • The licensee’s illness
  • The licensee’s death
  • A change in the legal status of the municipality making it unlawful for the licensed business to continue.

Section 5. Granting of License

Subdivision 1. Investigation and Hearing. 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 such investigation and hearing, the council shall grant or refuse the application in its discretion.

Subdivision 2. Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the council.

Section 6. Persons Ineligible for License.

Subdivision 1. Persons Ineligible. No license shall be granted to or held by any person who:

  • Is not a citizen of the United States or a resident alien;
  • Has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sales, distribution, or possession for sale or distribution of intoxicating or non-intoxicating malt liquors;
  • Has had an intoxicating liquor or non-intoxicating liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any person is in any manner interested;
  • Is not of good moral character and repute;
  • Is not the proprietor of the establishment for which the license is issued;
  • Is not a resident of the city; or
  • Is under 19 years of age.

Subdivision 2. General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law.

Subdivision 3. Delinquent Taxes and Charges. No license shall be granted for operations on a premises for which taxes, assessments, or other financial claims of the city are delinquent or unpaid.

Section 7. Conditions of License

Subdivision 1. General Conditions. Every License shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other ordinance of the city or state law.

Subdivision 2. Sales to Persons Under 21 Years of Age. No beer shall be sold or served to any person under 21 years of age.

Subdivision 3. Sales to Intoxicated Persons. No person may sell, give, furnish, or in any way procure for another alcoholic beverages for the use of an obviously person.

Subdivision 4. Interest of Manufaturers or Wholesalers. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes Section 340A.301, Subdivision 7. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a licensee.

Subdivision 5. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a consumption and display permit shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquors. The presence of intoxicating liquors on the premises of such a licensed premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance.

Subdivision 6. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the license premises authorized to sell or serve beer shall be deemed the act of the licensee as well as the licensee shall be liable for all penalties provided by this ordinance equally with the employee.

Subdivision 7. Employment of Person Under 18 years of Age. No persons under 18 years of age shall sell or serve such beer for consumption on the premises described in an “on-sale” license, and no “on-sale” licensee shall cause, suffer, or permit any person under 18 years of age to sell or serve beer for consumption on the premises as described in the license of such licensee.

Subdivision 8. Display of License. All licensed premises shall have the license thereof posted in a conspicuous place at all times.

Subdivision 9. Restrictions on Consumption. In any place licensed for “on-slae” all windows in front of any such place shall be in clear glass and the view of the whole interior shall be unobstructed by screens, curtains, or partitions.  There shall be no partitions, stalls, screens, curtains, or other devises which shall obstruct the view of any part of said room from the general observation of persons in said room; provided however, that partitions, subdivisions or panels not higher than 42 inches from the floor shall not be construed as to conflict with the forgoing.

Section 8. Closing Hours.

No sale of beer shall be made on any Sunday between the hours of 1:00 am and 12:00 noon. No sale shall be made between the hours of 1:00 am and 8:00 am on any other day. The premises for which an “on-sale” license is granted shall be closed to the public no later than 1:30 am on any day and no individuals, except for the licensee and/or his employees, shall be present on the premises when closed.

Section 9. Restrictions on Purchase, Possession and Consumption.

Subdivision 1. Violations. It shall be unlawful for any:

  • Licensee or his employee to sell or serve beer to any person under the age of 21 years or to permit any person under the age of 21 years to consume beer on the licensed premises;
  • Person other than the parent or legal guardian to procure beer for any person under the age of 21 years;
  • Person to induce a person under the age of 21 years to purchase or procure beer;
  • Person under 21 years of age to misrepresent his age for the purpose of obtaining beer;
  • Person under the age of 21 years to consume. Or possess with intent to consume, any beer in violation of M.S.A. 340A.503, Subdivision 1, Subsection (2) and Subdivision 3.

Subdivision 2. Other persons Excepted. A person who was born on or before September 1, 1967, may continue to purchase and consume alcoholic beverages and shall be treated for purposes of Minnesota Statutes, Chapter 340A, as a person who is 21 years old.

Subdivision 3. Consumption Prohibited-Where. No beer shall be consumed in any theater, recreation hall or center, dance hall, ball park, or other place of public gathering used for the purpose of entertainment, amusement or playing of games, except under the terms of a Temporary “on-sale” license.

Subdivision 4. Liqour Consumption and Display. No person shall consume or display any beer on the premises of a licensee who is not also licensed to sell beer or who does not hold a consumption and display permit.

Section 10. Revocation

The violation of any provision or condition of this ordinance by a beer licensee or his agent is ground for revocation or suspension of the license. The license of any person who holds a federal retail dealer’s special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases, a license granted under this ordinance may be revoked or suspended after written notice to the licensee and a public hearing. The notice shall give at least 10 days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The council may suspend any license pending a hearing on revocation or suspension. No suspension shall exceed 60 days.

Section 11. Penalty.

Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $700 or imprisonment in the county jail for not more than 90 days, or both, plus the cost of prosecution in any case.

Section 12. Repeal.

Ordinance No. 215 and all ordinances inconsistent with this ordinance are hereby repealed.

Section  13. Effective Date.

This ordinance becomes effective upon its passage and publication according to law.

            Passed by the council this 12th day of January, 1986.

                                                                                                Brian White, Mayor

ATTEST:

Marilyn J. Davis, City Clerk

Summary published in the Wabasso Standard on January 15, 1986

AMENDMENT TO ORDINANCE NO. 223

The city of Wabasso ordains that Ordinance No. 223 entitled “AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR VIOLATION THEREOF” shall be amended by adding Subdivision 7 entitled “ Beer Garden Permits” to section 2 to read as follows:

Section 2. License Required.

Subd. 7 Beer garden permits. Upon application for a beer garden permit may be granted to the licensee of an on-sale non-intoxicating liquor licensee to allow sales and consumption outside of the interior of the fixed, permanent structure the licensee occupies, under the following restrictions:

  1. The sales may only occur in an area with a finished floor surface, which surface area cannot exceed 1,200 square feet and which surface must be constructed of poured cement, asphalt or treated decking;
  2. The outside serving area shall be fenced in with snow fencing or similar fencing;
  3. Access for ingress and egress to the outside serving area shall only be permitted through a doorway directly to the interior of the building occupied by the licensee;
  4. The outside serving area shall be constructed in conformance with all applicable set back and zoning regulations;
  5. The licensee shall, as part of the application for the beer garden permit, provide proof to the City that the outside serving area is covered by liability insurance complying with the provisions of Minnesota Statutes Sections 340A.409;
  6. Times of operation shall not exceed 11:00 pm on any given day;
  7. No live music may be played in the outside serving area;
  8. At no time may the noise level measured at 25 feet from any exterior point of the perimeter of the outside serving area exceed 85 decibels;
  9. Prior to commencement of construction of the improvements constituting the outside serving area, sketch plans shall be submitted to the City Clerk for review and approval by the City council;
  10. If tents are used, no cooking or any other open flame will be used, and smoking will not be permitted;
  11. The permit may authorize the “on-sale” of non-intoxicating liquor for not more than four consecutive days. No more than three four-day, four three-day or six two –day permits in any combination not to exceed twelve days per year, shall be issued to any one licensee and no more than one such permit shall be issued to any one licensee within one thirty day period;
  12. Permits under this subdivision shall be valid only for the days indicated on it.

This amendment becomes effective upon its adoption and publication according to law.

AMENDMENT OF ORDINANCE NO. 223

THE CITY COUNCIL OF THE CITY OF WABASSO ORDIANS THAT SECTION 7 OF ORDINANCE NO. 223 BE AMENDED AS FOLLOWS:

Subdivision 10. Prohibition of Nudity. The City council finds that the sale and/or presence of alcoholic beverages by the drink and adult entertainment occurring on the same premises can increase disorderly conduct and can result in incidents of prostitution, public masturbation, indecent exposure and/or sexual assault. In order to protect the health, safety and welfare of City residents, and pursuant to the City Council’s authority to regulate alcoholic beverages under Minnesota Statutes, Chapter 340A and the Twenty-first Amendment to the United States Constitution, on On-sale licensee under this Code shall permit or allow any person or persons from being upon the licensed premises when such person does not have his or her buttocks, anus, breast and genitals covered with a non transparent material.

A violation of this subdivision by the licensee or their employees or agents shall constitutes grounds for the suspension or revocation of any and all non-intoxicating licenses issued to such premises or to said licensee.

This amendment shall become effective upon publication according to law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Wabasso this 13th day of November, 2001.                                 

CITY OF WABASSO

                                                            Ervin R Marquardt, Mayor

ATTEST:

Marilyn J Davis, City Clerk

Published in the Wabasso Standard November 13, 2001

AMENDMENT TO ORDINACE NO. 223

The City of Wabasso Ordains that Ordinance No 223 entitled “AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR VIOLATION THEREOF”   shall be amended by amending Section 4 Subdivision 4 to read as follows:

Subdivision 4. Refunds. No refund of any fee shall be made except as authorized by Statute.

This Amendment shall take effect immediately after passage and publication according to law.

Passed by the City Council this 12th day of April, 2004.

                                                                                                Ervin R Marquardt, Mayor

ATTEST:

Mary K. Smith, City Clerk

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