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AN ORDINANCE LICENSING AND REGULATING THE SALE
AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS
AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF
The City Council of the City of Barnum, Minnesota, does ordain:
Section 1. Definition of Terms
"Beer", as used in this ordinance, "beer" or "non-intoxicating malt liquor" means any malt beverage with an alcoholic content of more than one-half of one percent by volume and not more than three and two-tenths percent by weight.
"Beer Store", means any establishment for the sale of beer, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail.
"Bona Fide Club", as used herein, shall be any club organized for social or business purposes, or for intellectual improvement, or for the promotion of sports, where the serving of such liquors is incidental to and not the major purpose of the club.
Section 2. License Required
Subdivision 1. Licenses. No person shall deal in or dispose of by gift, sale or otherwise, or keep, or offer for sale, any beer within the City without first having received a license as hereinafter provided. Licenses shall be of three (3) kinds: (a) "On-Sale"; (b) "Off-Sale"; and (c) "Temporary On-Sale". Nothing contained in this section shall prohibit the giving or serving thereof to guests in a private home or in a private gathering.
Subdivision 2. On-Sale "On-sale" license shall be granted only to bona fide clubs, beer stores, restaurants and hotels where food is prepared and served for consumption on the premises. "On-sale" licenses shall permit the sale of beer for consumption on the premises only.
Subdivision 3. Off-Sale. "Off-sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only.
Subdivision 4. Temporary On-Sale. "Temporary on-sale" licenses shall be granted only to bona fide clubs and charitable, religious, and non-profit organizations for the sale of beer for consumption on the premises only.
Section 3. License Application. Every application for a license or application for renewal of license must be made on a form supplied by the City Clerk and containing such information as the City Council may require. All applications must be presented to the Council in person or by authorized agent for approval. Applications for renewal of license must be presented to the Council at their regular December meeting.
Section 4. License Fees.
Subdivision 1. Payment Required. Each application for license shall be accompanied by a receipt from the City Clerk 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 Clerk shall refund the amount paid.
Subdivision 2. Expiration; Pro Rata Fees. Every license shall expire on the last day of December in each year. Each license shall be issued for a period of one (1) year, provided that if eight months of any licensing year has elapsed when the license is granted, the license shall be issued for the remainder of the year at one-half the regular fee.
Subdivision 3. Fees The annual fee for an "On-Sale" license is $100.00. The annual fee for an "Off-Sale" license is $100.00. The fee for a temporary "On-Sale" license is $25.00 per day.
Subdivision 4. Refunds. No part of the fee paid for any license issued under this ordinance shall be refunded except upon the rejection of an initial application for a license.
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 an 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 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. No license shall be granted to or held by any person who: 1) Is under nineteen (19) years of age; 2) Has, within five (5) years prior to the application for such a license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution or possession for sale of intoxicating liquors or beer and cannot show competent evidence under Minnesota Statutes Section 364.03 of sufficient rehabilitation and present fitness to perform the duties of a beer license; 3) Is a manufacturer of beer or is interested in the control of any place where beer is manufactured; 4) Is not of good moral character; 5) Is, or during the period of this license, becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place; or 6) Is not the proprietor of the establishment for which the license is issued.
Section 7. Places Ineligible for License.
Subdivision 1. Conviction or Revocation. No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this ordinance, or of the State beer or liquor laws, or where any license hereunder has been revoked for cause until one (1) year has elapsed after such conviction or revocation.
Subdivision 2. Unpaid Taxes or Assessments. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the City are delinquent and unpaid.
Section 8. 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 applicable ordinance of the City or State law.
Subdivision 2. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a consumption or display permit shall sell or permit the consumption and display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such licensee shall be prima facia 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 facia evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance.
Subdivision 3. Searches and Seizures. Any peace officer may enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises in violation of Subd. 2.
Subdivision 4. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order.
Subdivision 5. Banquet Rooms. An "on-sale" license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or dinners and which are present not fewer than six (6) persons.
Subdivision 6. Financial Responsibility. Prior to the issuance of a beer license, the applicant must demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes 340.95 to the Commissioner of Public Safety and City Clerk as a condition of issuance or renewal of his license.
(1) Any licensee shall file proof of financial responsibility as set forth within this subdivision prior to March 1, 1983. Failure of existing licensee to file required proof shall result in revocation of his license effective midnight, February 28, 1983.
(2) The licensee shall obtain liability insurance, bond surety or cash as provided under Minnesota Statutes 340.11, Subd. 21, and in an amount not less than provided by statute.
(3) Any lapse in insurance coverage or other evidence of financial responsibility as set forth within this section will automatically suspend the licensee's license to operate. Notice of cancellation of current liquor liability policy to licensee, of impending suspension or revocation will result in suspension or revocation instantly upon lapse, unless evidence of compliance or financial responsibility is presented to the Clerk and other licensing authority before termination is effective.
Section 9. Closing Hours. No sale of beer shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday, Monday through Saturday inclusive. No sale shall be made on any Sunday between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon.
Section 10. Clubs. No club shall sell beer except to members and to guests in the company of members.
Section 11. Revocation. The violation of any provision or condition of this ordinance by a beer licensee or his agent is grounds for revocation or suspension of the license. A license granted under this ordinance may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at least ten (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 sixty (60) days.
Suspension and revocation will be automatic without a hearing if the licensee shall violate the provisions of Section 8, Subd. 6 of this ordinance. If a licensee shall have his license suspended or revoked hereunder, the same shall not be reinstated without a new application for license filed in accordance with the provisions of this ordinance as though the applicant had no license and not as a renewal application.
Section 12. 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 $700.00 or imprisonment in the county jail for not more than ninety (90) days, or both, plus the cost of prosecution in any case.
Section 13. Repeal. Ordinance No. 17 adopted by the Council on April 8, 1933, Ordinance No. 57 adopted by the Council on April 29, 1980, Ordinance No. 66 adopted by the Council on March 14, 1983, and Ordinance No. 72 adopted by the Council on October 29, 1984, are hereby repealed.
Section 14. Effective Date. This ordinance becomes effective upon its passage and publication.
Adopted by the City Council this 14th day of December, 1992.
[seal]
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Mayor Lawrence H. Rudebeck
ATTEST:
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City Clerk Pamela Porter
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