City of Howard Lake Liquor Ordinance

CITY OF HOWARD LAKE

Chapter 7.01

AMENDING THE AMENDMENT TO THE CITY OF HOWARD LAKE ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING AND INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR VIOLATION, BY AMENDING SAID ORDINANCE IN ITS ENTIRETY.

The Council of the City of Howard Lake ordains:

Section (1). Provisions of State Law Adopted. The provisions of Minnesota States Chapter 340A, relating to the definition of terms licensing, consumption, sales, financial responsibility of licensee, hours of sale, and all other matters pertain to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this ordinance as set out in full.

Section (2). License Required. General Requirement. No person, except a wholesaler or manufacturer to the extent authorized state license, shall directly or indirectly deal in, sell, or keep for sale in the city any intoxicating liquor without a license to do so as provided in this ordinance.

Liquor license shall be at six kinds:

Subdivision 1.

a. Intoxicating on-sale licenses shall be issued only to hotels where food is prepared and served for consumption on premises, special clubs, restaurants and exclusive liquor stores, and shall permit "on-sale" if liquor only.

b. On-sale non-intoxicating 3.2 malt liquor license is also available by approval of the council. This license may be granted to clubs, restaurants, and hotels.

Subdivision 2.

a. Temporary On-sale Licenses. Subject to the approval of the commissioner of public safety, temporary on-sale licenses shall be issued only to clubs or charitable, religions, or other non-profit organizations in existence for at least three years.

b. A temporary license authorizes the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee and subject to restrictions imposed by the state liquor act.

This license may permit sale for not more than three consecutive days and may authorize on-sales on premises not owned or permanently occupied by that licensee.

Subdivision 3.

a. Intoxicating off-sale licenses shall be issued to an exclusive liquor store and shall permit "off-sales" of liquor only.

b. Non-intoxicating off-sale permit shall be granted to grocery, convenience, retail stores as permitted by the council.

Subdivision 4.

a. Sunday On-Sale License. Special on-sale licenses for the sale of intoxicating liquor on Sunday shall be issued only to bowling centers and to hotels, restaurants, and clubs as defined in Minnesota Statutes 340A.101. All sales at such establishments shall be in accordance with Minnesota Statutes 340A.504, subd. 3

b. Sunday Hours. The sale of on-sale intoxicating liquor on Sundays is allowed between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on Monday. Establishments serving liquor on Sundays must obtain a special license under subdivision 1 A above.

Section (3). Application for License.

Subdivision 1. Form. Every application for a license to sell beer or liquor shall state the name of the application, his or her 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 it's location, whether the applicant is owner and operator of the business, how long he has been in the business at that place, and such other information as the council may require from time to time. Every application shall also include a copy of each summons received by the applicant under Minnesota Statutes Section 340A.82 during the proceeding year. No person shall make a false statement in an application. Applications shall be filed with the City Clerk-Treasurer.

Subdivision 2. Bond. Each application for a license shall be accompanied by a surety bond or, in lieu there of, cash or United States government bonds of equivalent market value as provided in Minnesota Statutes Section 340A.412, Subdivision 1. Such surety bond or other security shall be the sum of $2,000 for an off-sale license and $4,000 for an on-sale license.

The conditions for bond are stated in the law as follows:

(1) That the licensee obey the law.

(2) That he or she will pay the city when due all taxes, license, and other charges.

Dated: Dec. 15, 1998.

Mark J. Custer, Mayor

Attest: Gene Gilbert, City Clerk


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