HomeMy WebLinkAbout[06b] Keg Permits CHAPTER VII- LIQUOR, BEER &WINE
ORDINANCE 74 AN ORDINANCE LIMITING POSSESSION OF CERTAIN
CONTAINERS OF 3.2 PERCENT OR 1NTOXICATING MALT LIQUOR (KEGS) ....74-1
Section 74.01: DEFINITIONS..........................................................................................74-1
Section 74.02: POSSESSION OF KEGS BY INDIVIDUAL...................................74-2�4-�
Section 74.03: LOCATION OF KEGS ON PROPERTY LTNIT...............................74-2�4-�-
Section 74.04: CONTROLLER OF PROPERTY LIABLE......................................74-2�4-�
Section 74.05: DUTY OF LICENSED LIQUOR ESTABLISHMENT....................74-2�4-�
Section74.06: EXCEPTIONS..........................................................................................74-2
Section 74.07: PENALTIES.............................................................................................74-2
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CHAPTER VII— LIQUOR, BEER&WINE
ORDINANCE 74 AN ORDINANCE LIMITING POSSESSION OF CERTAIN
CONTAINERS OF 3.2 PERCENT OR INTOXICATING MALT
I LIQUOR (KEGS) AND REQUIREMENT FOR LICENSE
Section 74.01: DEFINITIONS. For the purpose of this section the following definitions
shall apply:
Subd. 1: Intoxicating Li uor. Ethyl alcohol, distilled, fermented, spirituous,vinous, and
malt beverages containing more than 3.2 percent of alcohol by weight.
Subd. 2: Ke�s. Containers designed for and capable of holding intoxicating or 3.2
percent malt liquor to be dispensed from a tapper.
Subd. 3: 3.2 Percent Malt Liquor. Malt liquor containing not less than one half of one
percent alcohol by volume nor more than 3.2 percent of alcohol by weight.
Section 74.02: PERMIT REQUIRED. Anv individual of lawful a�e under the laws of
the State of Minnesota mav possess a ke�in a residentiallv zoned area within the Citv of St.
Joseph after first havin��obtained a permit and permit sticker from the Citv Offices.
Subd. 1: Application for Permit and Permit Sticker. An�y�erson desiring to obtain a
permit to possess a ke�will fill out an a�plication at the Citv Offices setting forth the a�plicant's
full name, address and telephone number and the address within St. Joseph where the a� lip cant
will be possessin t�he keg. In addition, the applicant will be required to provide proof of identify
and a�e in form of a valid Minnesota driver's license or identification card, or valid driver's
license from another jurisdiction. Falsif��any information requested on the permit will
constitute violation of this ordinance.
Subd. 2: Issuance of Permit and Sticker: At the time of issuance of the permit, a permit
sticker will be issued to the applicant. The permit sticker will be immediately and firmly affixed
bv the a�plicant to the ke�utilizing the adhesive on the sticker and placin�the sticker in a clearly
visible location upon the purchase of a ke�.
Subd. 4: Permit Fee. The permit fee for each keg will be as set forth in A�pendix A of
the St. Joseph Code of Ordinances, as amended by the Council periodicall�
Subd. 3: Return of Permit. Prior to the issuance of anv subsequent ke�permit and
permit sticker, the precedin�permit issued and remains of the permit sticker must be returned to
the City Offices or in alternative a minimum of 30 davs will have elapsed since the date of
issuance of the previous permit.
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CHAPTER VII— LIQUOR, BEER &W1NE
Subd. 4: Persons Ineligible for Permit. No person will be issued a ke�permit if that
person has been convicted of this Ordinance or Section 1050:00 a violation of Minnesota
Statutes Section 340A which occurred within the previous 365 da�
Subd 5: Prohibitions. It will be unlawful for anyperson to possess a ke�within the Citv
of St. Joseph without havin� first obtained a permit and permit sticker as set forth herein. A
permittee will have the permit present at the location where the ke�is possessed at all times, and
will exhibit the ep rmit upon the request of anylicensed peace officer.
Section 74.03: LIMITATIONS. All permits authorized under the preceding section will
be subject to the following limitations:
� c°�*��„ ''^.�''Subd. 1: POSSESSION OF KEGS BY INDIVIDUAL. No more than one
keg capable of containing up to sixteen(16) Gallons of intoxicating or 3.2 percent malt liquor
may be possessed by any person within the City of St. Joseph.
� �e^��Subd. 2: : LOCATION OF KEGS ON PROPERTY UNIT. No more than
one keg capable of containing up to sixteen (16) gallons of intoxicating or 3.2 percent malt liquor
may be located on a single property unit within the City of St. Joseph. For purposes of this
section, a single property unit shall be defined as a contiguous parcel of real property with
common ownership, except in the case of real property which is leased to multiple individuals or
entities, in which case each area rented by separate written or oral lease sha11 be considered a
single property unit.
� C°�*��„ '^.^^Subd. 3: CONTROLLER OF PROPERTY LIABLE. For purposes of
Section 74.03 herein, the person in control of the property unit shall be held responsible for a
violation. For purposes of this section, ownership of property is prima facia evidence of control;
except in the care of rental property, in which case tenant's leasehold interest shall be prima facia
evidence of controL
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Section 74.05: DUTY OF LICENSED LIQUOR ESTABLISHMENT. Each liquor
establishment located in the City of St. Joseph and offering for sale kegs containing 3.2 percent
or intoxicating malt liquor for consumption off premises, shall, as a condition of said license,
post in a conspicuous location within five (5) feet of the check out location in the establishment,
a notice provided by the St. Joseph Police Department regarding the provisions of this ordinance.
Section 74.06: EXCEPTIONS. Any person or premises licensed to sell intoxicating or
3.2 percent malt Iiquor under any provision of state law or local ordinance may possess kegs and
are specifically exempted from the provisions of this ordinance.
Section 74.07: PENALTIES. A violation of a provision of this Ordinance shall be
punishable as a misdemeanor.
Updated 7/2003 Ordinance 74
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