AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES AND PREOVIDING A PENALTY FOR VIOLATION
The Council of the City of Wabasso ordains:
Section 1. Provisions of State Law Adopted
The provision of Minnesota statutes, Chapter 340A, relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, hours of sale and all other matters pertaining to the sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out in full.
Section 2. License Required.
Subdivision 1. General requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license shall, directly or indirectly, on any pretense or by any device sell, deal in, barter, keep for sale, gift, or otherwise dispose of intoxicating liquor in the city without a license to do so as provided in this ordinance. Liquor licenses shall be of five kinds: “on-sale”, “on-sale wine”, “off-sale”, club licenses and consumption and display permits.
Subdivision 2. On-sale licenses. “On-sale” licenses shall be issued only to hotels, clubs, restaurants, or congressionally chartered veteran’s organizations provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests, and exclusive liquor stores and shall permit the sale of alcoholic beverages for consumption on the premises only. Any person licensed to sell intoxicating malt beverages at “on-sale” shall not be required to obtain and “on-sale” non-intoxicating liquor license and may sell non-intoxicating malt beverages at “on-sale” without further license.
Subdivision 3. Off-sale licenses. “Off-sale” licenses shall be issued only to drug stores and exclusive liquor stores and shall permit the sale of alcoholic beverages in original packaging for consumption off the licensed premises only. Any person licensed to sell intoxicating liquor at “off-sale” shall not be required to obtain an “off-sale” license for the sale of non-intoxicating malt beverages and may sell non-intoxicating malt beverages at “off-sale” without further license. An “off-sale” intoxicating liquor license may not be issued to a place where non-intoxicating liquor malt liquor is sold for consumption on the premises. No intoxicating liquor license may be issued to a person operating a drug store unless the person has operated it for at least two years or has purchased a drug store that has been in continuous operation for two or more years.
Subdivision 4. On-sale wine licenses. “On-sale wine” licenses shall be issued only to restaurants meeting the qualifications of Minnesota Statutes, Section 340A.404, Subdivision 5 and shall permit the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises, in conjunction with food.
Subdivision 5. Special Club License. Special club licenses shall be issued only to incorporated clubs, as hereinafter defined, which have been in existence for 15 years or more or to congressionally chartered veterans’ organizations which have been in existence for 10 years. “Club” is 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:
- Has more than 50 members
- 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; and
- 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 guest, beyond a reasonable salary or wages fixed and voted each year by the governing body.
Subdivision 6. Temporary consumption and display permits. A one-day intoxicating liquor consumption and display permit may be granted to a club or charitable, religious, or other non-profit organization in existence for at least three years for the “on-sale” of intoxicating liquor in connection with a social event within the city sponsored by the licensee. The license may authorize the “on-sale” of intoxicating liquor for not more than three consecutive days, and my authorize “on-sale” on premises other than the 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 municipality. Licenses under this subdivision are not valid unless first approved by the Commissioner of Public Safety. No more than ten such licenses shall be issued in the municipality in any year and the permit shall be valid only for the days indicated on it.
Section 3. Application for License
Subdivision 1. Form. Every application to sell liquor shall state the name of the applicant, his age, representations as to his character, with such references as the council may require, his citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such other information as the council may require from time to time. In addition to containing such information, the application shall be in the form prescribed by the commissioner of public safety and shall be verified and filed with the city clerk. No person shall make a false statement in an application.
Subdivision 2. Bond. Each application for a license shall be accompanied by a surety bond or, in lieu thereof, cash or United States Government bondsof equivalent market value as provided in Minnesota Statutes 340A.412. Such surety bond or other security shall be in the sum of $3,000.00 for an applicant for an “on-sale” license or an “on-sale wine” license and $1,000.00 for an applicant for an “off-sale” license.
Subdivision 3. Liability Insurance. Prior to the issuance of a liquor license, the applicant shall file with the City Clerk a liability insurance policy providing the following coverages:
- 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 to or destruction of property of others in any one occurrence, and
- Fifty thousand dollars ($50,000.00) for 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 one occurrence,
And shall comply with the provisions of Minnesota Statutes, Section 340A.412 relating to liability insurance policies.
Subdivision 4. Approval of Security. The security offered under Subdivision 2 and 3 shall be approved by the city council and in the case of applicants fo “off-sale” licenses, by the state commissioner of public safety. Surety bonds and liability insurance policies shall be approved as to form by the city attorney. Operation of a licensed business without having on file with the city at all times effective security as required in subdivisions 2 and 3 is a cause for revocation of the license.
Section 4. Licenses Fees.
Subdivision 1. Fees. The annual fees for all licenses shall be established by resolution of the city council from time to time.
Subdivision 2. Payment. Each application for a license shall be accompanied by a receipt from the city treasurer for payment in full of the license fee and the fixed investigation fee required under Section 5, Subdivision 1, if any. All fees shall be paid into the general fund. If an application for a license is rejected, the treasurer shall refund the amount paid as the license fee.
Subdivision 3. Term, Pro Rata Fee. Each license shall be issued for a period of one year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of June.
Subdivision 4. Refunds. No refund shall be made except as authorized by statute.
Section 5. Granting of Licenses.
Subdivision 1. Preliminary Investigation. On an initial application for an “on-sale” license and on application for an existing “on-sale” license, the city shall conduct a preliminary background and financial investigation of the applicant. The application in such case shall be made on a form proscribed by the statebureau of criminal apprehension and with such additional information as the Council may require. If the council deems it in the public interest to have an investigation made on a particular application for renewal of an “on-sale” license it shall so determine. In any case, if the council determines a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with bureau of criminal investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the council that issuance would not be in the public interest. In all cases, the fee for any background and financial investigation under this section conducted within the state, shall be the actual costs incurred by the City of Wabasso, not to exceed $500.00, and shall be paid by the applicant. Investigations conducted outside the state shall be the actual costs incurred by the City of Wabasso, not to exceed $10,000.00 and shall be paid by the applicant.
Subdivision 2. Hearing and Issuance. The City Council shall investigate all facts set out in the application and not investigated in the preliminary background and financial investigation conducted pursuant to subdivision 1. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. No “off-sale” license shall become effective until it, together with the security furnished by the applicant, has been approved by the commissioner of public safety.
Subdivision 3. Person and Premises Licensed; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without city council approval. Any transfer of stock of a corporate license is deemed a transfer of the license and a transfer of stock without council approval is a ground for revocation of the license.
Section 6. Persons Ineligible for License.
Subdivision 1. Persons Ineligible. No retail license may be issued to:
- A person who is not a citizen of the United States or resident alien:
- A person under 19 years of age;
- A person who within 5 years of the license application has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution, of intoxicating or non-intoxicating malt liquor;
- A person who has had an intoxicating liquor or non-intoxicating liquor license revoked within 5 years of the application, or to any person who at the time of the violation owns any interest, whether as a holder of more than 5 percent of the capital stock of a corporation license, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm which any person is any manner interested;
- A person not of good moral character and repute;
- A person who is not a resident of the city; or
- A person who has already been issued, directly or indirectly, one intoxicating liquor license.
Section 7. Places Ineligible for License.
Subdivision 1. General Prohibition. No license shall be issued for any place or any business ineligible for such license under state law.
Subdivision 2. Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the city are delinquent and unpaid.
Section 8. Conditions of License.
Subdivision 1. In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance, state law or regulation.
Subdivision 2. Licensee’s Responsibility. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order within it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed to be an act of the licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and the law equally with the employee.
Subdivision 3. Display During Prohibited Hours. No “on-sale” establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
Subdivision 4. Closing Times. The premises for which an “on-sale” license is granted shall be closed to the public no later than 1:30 a.m. on any week day, and no individuals, except for the licensee and/or his employees, shall be present on the premises when closed.
Subdivision 5. Restrictions for “Off-sales”. No “off-sale” shall be made on New Year’s Day, January 1st; Memorial Day; Independence Day, July 4th; Thanksgiving Day; Christmas day, December 25th; nor after 8:00 p.m. on Christmas Eve, December 24th.
Subdivision 6. Interest of Manufacturers and Wholesalers. No manufacturer or wholesaler of intoxicating liquor shall have any ownership of or interest in an establishment to sell at retail contrary to the provisions of Minnesota Statutes Section 340A.301, Subdivision 7. No retail licensee and manufacturer and wholesaler of intoxicating liquors shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of intoxicating liquors and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.
Subdivision 7. Restrictions on Consumption. In any place licensed for “on-sale” 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 devices 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 constructed as to conflict with the forgoing.
Section 9. Restrictions on Purchase and Consumption.
Subdivision 1. Liquor in Unlicensed Places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor “on-sale” or a permit from a commissioner of public safety under
Minnesota Statutes, Section 340A.414 and no person shall consume liquor in any such place.
Subdivision 2. Consumption in Public Places. No person shall consume liquor on a public highway, public park, or other public place.
Subdivision 3. Violations. It shall be unlawful for any:
- Licensee or his employee to sell or serve intoxicating liquor to any person under the age of 21 years or to permit any person under the age of 21 years to consume intoxicating liquor on the licensed premises;
- Person other than the parent or legal guardian to procure intoxicating liquor for any person under the age of 21 years;
- Person to induce a person under the age of 21 years to purchase or procure intoxicating liquor;
- Person under the age of 21 years to misrepresent his age for the purpose of obtaining intoxicating liquor;
- Person under the age of 21 years to consume or possess, with intent to consume, any intoxicating liquor in violation of M.S.A. 340A.503, Subdivision 1, Subsection 2 and Subdivision 3.
Subdivision 4. 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.
Section 10. Suspension and Revocation.
The council may either suspend for not to exceed 60 days or revoke any liquor license upon a finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded the opportunity for a hearing pursuant to Minnesota Statutes, Sections 14.57 to 164.69.
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 htan $700 or imprisonment in the county jail for not more htan 90 days, or both, plus the cost of prosecution in any case.
Section 12. Repeal.
Ordinance No 217 and all ordinances inconsistent with this ordinance are hereby revealed.
Secxtion 13. Effective Date.
This ordinance becomes effective upon its passage and publication according to law.
Passed by the Wabasso City Council this 12th day of January, 1986.
Brian White, Mayor
ATTEST:
Marilyn J Davis, City Clerk
Title Summary published in the Wabasso Standard on January 15, 1987.
AMENDMENT TO ORDINANCE NO. 224
The City Council of the City of Wabasso Ordains that Ordinance No. 22, Section 9, Subdivision 2. Shall be Amended to Read As Follows:
Section 9. Subdivision 2. Consumption in Public Places. No person shall consume liquor on a public highway, public park or athletic field or other public place without the express approval of the Wabasso City Council.
This Amendment becomes effective upon publication according to law.
Passed, approved and adopted by the City Council of the City of Wabasso, Minnesota, on this 10th day of April 1990.
Doug Strand, Mayor
ATTEST:
Marilyn J. Davis, City Clerk
AMENDMENT TO ORDINANCE NO. 224
THE CITY COUNCIL OF THE CITY OF WABASSO ORDAINS THAT ORDINANCE NO. 224 SHALL BE AMENDED BY ADDING SUBDIVISION 7 TO SECTION 2 TO READ AS FOLLOWS:
Section 2. License Required.
Subdivision 7. Special License for Sunday Sales. A special license authorizing sales on Sunday in conjunction with the serving of food may be issued to any hotel, restaurant, club or club which has facilities for serving at least 30 guests at one time, and which has an on-sale license. A special Sunday licenses is not needed for sales by wine licensees.
This amendment shall become effective upon publication according to law.
Passes, approved, and adopted by the City Council of the City of Wabasso, Minnesota this 10th day of July, 2000.
John Van Loy, Mayor
Attest:
Marilyn J Davis, City Clerk
AMENDMENT TO ORDINANCE NO. 224
The City of Wabasso ordains that Ordinance No. 224 entitled “An Ordinance Licensing and Regulating the Sale and Consumption of Intoxicating Liquor, Repealing Inconsistent Ordinances, and Providing a Penalty for Violation” shall be amended by adding Subdivision 8 entitled ”Beer Garden Permits” and by adding Subdivision 9 entitled “Community Festival Permits” to Section 2 to read as follows:
“Section 2. License Required.
Subd 8. Beer Garden permits. Upon application a beer garden permit may be granted to the licensee of an on-sale intoxicating liquor license to allow sales and consumption outside of the interior of the fixed, permanent structure the licensee occupies, under the following conditions:
- The sales may only occur in an area with a finished floor surface, which surface area cannot exceed 1200 square feet and which surface must be constructed of poured cement, asphalt or treated wood decking’;
- The outside serving area shall be fenced in with snow fencing or similar fencing;
- 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;
- The outside serving area shall be constructed in conformance with all applicable set back and zoning regulations;
- The licensee shall, as part of the application for a beer garden permit, provide proof to the City that the outside serving area is covered by liability insurance complying with Minnesota Statutes Section 340A.409;
- Times of operation shall not exceed 11:oo p.m. on any given day;
- No live music may be played in the outside serving area;
- 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;
- Prior to the 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;
- If tents are used, no cooking or any other open flame will be used, and smoking will not be permitted;
- The permit may authorize the “on-sale” of 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 thwelve 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 a thirty day period;
- Permits under this subdivision shall be valid only for the days indicated on it.
Subd. 9. Community Festival Permits. Upon application a permit may be granted to the licensee of an on-sale intoxicating liquor license to dispense intoxicating liquor off premises at a community festival held within the City under the following restrictions:
a)
- The sales may only occur in an area with a finished floor surface, which surface area cannot exceed 1200 square feet and which surface must be constructed of pored cement, asphalt or treated wood decking;
- The outside serving area shall be fenced in with snow fencing or similar fencing;
- Access for ingress and egress to the outside serving area shall only be permitted through an entrance under the control and supervision of the licensee;
- The outside serving area shall be constructed in conformance with all applicable set back and zoning regulations;
- No live music may be played in the outside serving area;
- At no time may any noise level measured at 25 feet from any exterior point of the perimeter of the outside serving area exceed 85 decibels;
- Prior to the 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;
- If tents are used, no cooking or any other open flame will be used, and smoking will not be permitted;
- Times of operation shall not exceed 11:00 p.m. on any given day.
b) The licensee shall, as part of the application for a community festival permit, provide proof to the City that the serving area is covered by liability insurance complying with the provisions of Minnesota Statutes Section 340A.409;
c) 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. 224
The City Council of the City of Wabasso Ordains that Section 8 of Ordinance No. 224 be amended by adding Subdivision 8 to read as follows:
Subdivision 8. 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, no 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 constitute grounds for suspension or revocation of any and all intoxicating liquor or wine licenses issued to said 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 on this 13th day of November, 2001.
Ervin R Marquardt, Mayor
Attest:
Marilyn J Davis, City Clerk