HomeMy WebLinkAboutOrdinance 701 - Licensing and Regulation of the Sale and Consumption of Intoxicating LiquorCHAPTER VII – LIQUOR, BEER & WINE
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ORDINANCE 701 LICENSING AND REGULATION OF CONSUMPTION OF
INTOXICATING LIQUOR
Section 701.01: PROVISIONS OF STATE LAW ADOPTED...................................... 701-1
Section 701.02: LICENSE REQUIRED ......................................................................... 701-1
Section 701.03: BREWERY/TAPROOM LICENSE ..................................................... 701-2
Section 701.04: BREW PUB OFF-SALE INTOXICATING LICENSE ....................... 701-2
Section 701.05: SMALL BREWER OFF-SALE INTOXICATING .............................. 701-3
Section 701.06: SUNDAY GROWLER OFF-SALE INTOXICATING ....................... 701-4
Section 701.07: SMALL BREWER OFF-SALE 128 OUNCE INTOXICATING ........ 701-5
Section 701.08: MICRO-DISTILLER COCKTAIL ROOM LICENSE ........................ 701-4
Section 701.09: MICRO-DISTILLER OFF-SALE LICENSE ....................................... 701-5
Section 701.10: MICRO-DISTILLER TERMPORARY ON-SALE LICENSE ............ 701-5
Section 701.11: APPLICATION FOR LICENSE .......................................................... 701-5
Section 701.12: LICENSE FEES .................................................................................... 701-6
Section 701.13: GRANTING OF LICENSES ................................................................ 701-7
Section 701.14: PERSONS INELIGIBLE FOR LICENSE ........................................... 701-7
Section 701.15: PLACES INELIGIBLE FOR LICENSE .............................................. 701-8
Section 701.16: CONDITIONS OF LICENSE .............................................................. 701-8
Section 701.17: HOURS OF OPERATION ................................................................. 701-11
Section 701.18: CLUBS ................................................................................................ 701-12
Section 701.19: RESTRICTIONS ON PURCHASE OR CONSUMPTION ............... 701-12
Section 701.20: SUSPENSION AND REVOCATION................................................ 701-19
Section 701.21: BOTTLE CLUBS ............................................................................... 701-20
Section 701.22: PENALTY .......................................................................................... 701-20
Section 701.23: LIMITATION OF ON SALE LIQUOR LICENSES ......................... 701-20
Section 701.24: LIMITATION OF EXCLUSIVE OFF-SALE LICENSES ................ 701-20
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ORDINANCE 701 LICENSING AND REGULATION OF CONSUMPTION OF
INTOXICATING LIQUOR
Section 701.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn.
Stat. Ch. 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 retail sale, distribution,
and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out
in full, except as herein altered or modified under the authority provided to municipalities in
Minn. Stat. § 340A.509.
Section 701.02: LICENSE REQUIRED.
Subd. 1: General Requirement. No person, except a wholesaler or manufacturer to the
extent authorized under 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
licenses shall be of four kinds: on-sale, off-sale, club and temporary on-sale licenses.
Subd. 2: On-Sale Licenses. On-sale licenses shall be issued only to clubs, restaurants,
and exclusive liquor stores and shall permit on-sale of liquor only.
Subd. 3: Off-Sale Licenses. Off-sale licenses shall be issued only to exclusive liquor
stores and shall permit off-sales of liquor only.
Subd. 4: Special Club Licenses. Special club licenses shall be issued only to
incorporated clubs which have been in existence for fifteen (15) years or more or to
congressionally chartered veterans' organizations which have been in existence for ten (10)
years.
Subd. 5: Temporary On-Sale Licenses.
a) "Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner
of Public Safety, may be issued only in connection with a social event sponsored by a
club, charitable, religious, or other nonprofit corporation that has existed for at least three
years; a political committee registered under state law; or a state university. No license
shall be for longer than four consecutive days, and the city may issue a three four-day,
four three-day, six two-day, or twelve one-day temporary license in any combination, not
to exceed 12 days per year to any one organization, or for any one location within a
twelve-month period.
A brewer who manufactures fewer than 3,500 barrels of malt liquor in a year or a
microdistillery a temporary license for the on-sale of intoxicating liquor in connection
with a social event within the municipality sponsored by the brewer or microdistillery.
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Section 701.03: BREWERY/TAPROOM LICENSE
Subd. 1: A Brewer licensed under Minn. Stat. §340A.301 may be issued an On-Sale
Brewery Taproom License for the “on-sale” of malt liquor produced on the licensed premises,
subject to the following conditions:
a) The on-sale of malt liquor may only be made during the days and hours that on-
sale of liquor may be made, as prescribed by State Law or within this Chapter.
b) A Brewer may only hold one (1) Brewery License within the City.
c) The only alcohol beverage that may be sold or consumed on the premises of a
licensed Brewery Taproom will be the malt liquor produced by the Brewer upon the Brewery
Taproom Premises.
d) The holder of a Brewery Taproom License who also holds a Brew Pub off-sale
license is permitted to sell Growlers which is defined as a container with a capacity of up to 64
ounces, for the take-out or off-sale of craft beer. The Growler must be sealed by a paper or
adhesive band aid strip or sleeve that is applied over the top of the closure in such a manner that
the seal must be broken in order to open the container. The adhesive band, strip or sleeve shall
bear the name and address of the brewer.
e) Nothing in this subdivision precludes the holder of a Brewer Taproom License
from also holding a license to operate a restaurant on the premise of the brewery.
Subd. 2. A Brewery Taproom License may not be issued to a Brewer if the Brewer
seeking the license, or any person having an economic interest in the Brewer seeking the license
or exercising control over the Brewer seeking the license, is a Brewer that brews or produces
more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000
gallons of wine annually, as defined and prescribed by Minn. Stat. § 340.301.
Section 701.04: BREW PUB OFF-SALE INTOXICATING LICENSE
Subd. 1: A Brew Pub Off-Sale Intoxicating Malt Liquor license may be issued to a
brewer who holds a brewer license issued by the Minnesota Commissioner of Public Safety for
the operation of a brewpub and shall be operated in and as a part of a restaurant establishment
for which an on-sale intoxicating liquor license has been issued by the city.
a) An off-sale license may be issued solely for the malt liquor produced and
packaged on the licensed premises and only upon approval of the license by the Minnesota
Commissioner of Public Safety.
b) Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive
liquor stores and must be removed from the licensed premises before the applicable off-sale
closing time requirements.
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c) Only malt liquor may be brewed or manufactured at the licensed premises and not
more than 3,500 barrels of malt liquor in a calendar year may be brewed or manufactured at the
licensed premises.
d) The malt liquor sold off-sale shall be packaged in 64-ounce containers commonly
known as "growlers" and shall have the following requirements for packaging:
1. The containers shall bear a twist type closure, cork, stopper or plug.
2. At the time of sale, a paper or plastic adhesive band, strip or sleeve shall
be applied to the container and extend over the top of the twist type
closure, cork, stopper or plug forming a seal that must be broken upon
opening of the container.
3. The adhesive band, strip or sleeve shall bear the name and address of the
brewer/licensee selling the malt liquor.
4. The containers shall be identified as malt liquor, contain the name of the
malt liquor, bear the name and address of the brewer/licensee selling the
malt liquor, and the contents in the container packaged as required herein
shall be considered intoxicating liquor unless the alcoholic content is
labeled as otherwise in accordance with the provisions of Minnesota
Rules, part 7515.1100.
Section 701.05: SMALL BREWER OFF-SALE INTOXICATING
Subd. 1: A “Small Brewer Off-Sale Intoxicating" license authorizes a micro-brewery that
manufactures less than 150,000 barrels of malt liquor per year to sell malt liquor to the public in
64-ounce containers, commonly known as “growlers,” or in 750 milliliter bottles as permitted by
Minn. Stat. §340A.301. The amount of malt liquor sold at off-sale may not exceed 500 barrels
annually; off-sale shall be limited to the legal hours for off-sale at exclusive liquor stores, and
the off-sale must be removed from the premises before the applicable off-sale closing time at
exclusive liquor stores.
a) The malt liquor shall be packed in 64-ounce containers commonly known as
growlers or in 750 milliliter bottles. The containers or bottles shall bear a twist-type closure,
cork, stopper, or plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve
shall be applied to the container or bottle and extended over the top of the twist-type closure,
cork, stopper, or plug forming a seal that must be broken upon opening of the container or
bottle. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The
containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear
the name and address of the brewer selling the malt liquor, and shall be considered intoxicating
liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of
Minnesota Rules, part 7515.1100.
b) A brewer may, but is not required to, refill any growler with malt liquor for off-
sale at the request of a customer. A brewer refilling a growler must do so at its licensed premises
and the growler must be filled at the tap at the time of sale. A growler refilled under this
paragraph must be sealed and labeled in the manner described in paragraph (a).
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c) A brewer may only have one license under this subdivision.
d) The City may not issue a license under this subdivision to a brewer if the brewer
seeking the license, or any person having an economic interest in the brewer seeking the license
or exercising control over the brewer seeking the license, is a brewer that brews more than
150,000 barrels of its own brands of malt liquor annually or a winery that produces more than
250,000 gallons of wine annually.
Section 701.06: SUNDAY GROWLER OFF-SALE INTOXICATING: Authorizes a
small brewer that manufactures less than 150,000 barrels of malt liquor per year to sell malt
liquor to the public in 64-ounce containers, commonly known as “growlers,” or in 750 milliliter
bottles as permitted by Minn. Stat. 340A.301, on Sundays between the hours of 8:00 am to 10:00
pm.
Section 701.07: SMALL BREWER OFF-SALE 128 OUNCE INTOXICATING:
Subd. 1: Small Brewer off-sale 128-ounce license allows a brewer licensed under
Minnesota Statute 340A.301 that produces 7,500 barrels or less of malt liquor annually to be
issued a license by a municipality for off-sale of up to 128 ounces per customer per day in any
packaging conforming to state and federal regulation.
a. Breweries that exceed 7,500 barrels annually do not qualify for this license
b. 128-ounce brewer off-sale malt liquor licenses may also be issued, with approval of
the commissioner, to a holder of a brewer’s license under Minnesota Statute
340A.301, Subd. 6(c), (i) or (j) and meeting the criteria established by Minnesota
Statute 340A.29 as may be amended from time to time.
c. The amount of malt liquor sold at off-sale under this license may not exceed 128
ounces per customer per day
d. The malt liquor sold off-sale must be removed from the premises before the
applicable off-sale closing time at exclusive liquor stores.
e. Sales shall be limited to the hours as described in Minnesota Statute. 340A.504 Subd.
4.
f. Packaging of malt liquor for off-sale under this license must comply with the
provisions of Minnesota Rules, parts 7515.1080 to 7515.1120.
Section 701.08: MICRO-DIST ILLER COCKTAIL ROOM LICENSE. A cocktail room
license may be issued to the holder of a state microdistillery license if at least 50% of the annual
production of the licensee is processed and distilled on premise. A microdistillery cocktail room
license authorizes on-sale of distilled liquor produced by the distiller for consumption on the
premises of or adjacent to one distillery location owned by the distiller. The holder of a
microdistillery cocktail room license may also hold a license to operate a restaurant at the
distillery. A distiller may only have one cocktail room license and cannot have an ownership
interest in an additional distillery. No single entity may hold both a microdistillery cocktail room
and taproom license and a microdistillery cocktail room and taproom may not be co-located.
Within 10 days of the issuance of the microdistillery cocktail room license, the city shall inform
the Commissioner of Public Safety of the licensee’s name and address and trade name, and the
effective and expiration dates of the license. The city shall also inform the Commissioner of
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Public Safety of a microdistillery cocktail room license transfer, cancelation, suspension, or
revocation during the license period.
A licensed distillery may provide on its premises samples of distilled spirits manufactured on its
premises, in an amount not to exceed 15 milliliters per variety per person. No more than 45
milliliters may be sampled under this paragraph by any person on any day.
Section 701.09: MICRO-DISTILLER OFF-SALE LICENSE. A microdistiller off-sale
license may be issued to a state-licensed microdistillery for sales of distilled spirits produced on-
site. To be eligible for an off-sale license, the microdistillery must process and distill at least
50% of the licensee’s annual production on the premises of the microdistillery. A microdistillery
off-sale license authorizes off-sale of up to 750 milliliter per customer per day of product
manufactured on-site provided the product is available for distribution to wholesalers.
Section 701.10: MICRODISTILLER TEMPORARY ON-SALE LICENSE. A
microdistillery temporary on-sale intoxicating liquor license may be issued to the holder of a
state microdistillery license. This license authorizes on-sale of intoxicating liquor in connection
with a social event within the city sponsored by the microdistillery.
Section 701.11: APPLICATION FOR LICENSE.
Subd. 1: Form. The application shall be in the form prescribed by the commissioner of
public safety and shall be verified and filed with the City Clerk/Administrator. No person shall
make a false statement in an application.
Subd. 2: Liability Insurance. Prior to the issuance of an on-sale or off-sale intoxicating
liquor license, the applicant must demonstrate proof of financial responsibility with regard to
liability imposed by Minn. Stat. §340A.409 with the Commissioner of Public Safety and the City
Clerk/Administrator of St. Joseph as a condition of the issuance or renewal of his/her license.
Proof of financial responsibility may be given by filing.
a) A certificate that there is in effect an insurance policy or pool providing the
following minimum coverages:
1. Fifty Thousand Dollars ($50,000) because of bodily injury in any one
person in any one occurrence, and, subject to the limit for one person, in
the amount of One Hundred Thousand Dollars ($100,000) because of
bodily injury to two or more persons in any one occurrence, and in the
amount of Ten Thousand Dollars ($10,000) because of injury to or
destruction of property of others in any one occurrence.
2. Fifty Thousand Dollars ($50,000) 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) for loss of means of support of two
or more persons in anyone occurrence; or
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b) A bond of a surety company with minimum coverages as provided in clause a), or
c) A certificate of the State Treasurer that the licensee has deposited with him One
Hundred Thousand Dollars ($100,000) in cash or securities which may legally be
purchased by savings banks or for trust funds having a market value of One
Hundred Thousand Dollars ($100,000).
The liability insurance policy required by this subdivision shall provide that it may not be
cancelled for any cause, either by the insured or the insurance company without first giving 10
days notice to the City in writing of intention to cancel it, addressed to the City
Clerk/Administrator of the City of St. Joseph.
The operation of an off-sale or on-sale business without having on file at all times with
the City Clerk/Administrator the liability insurance policy herein referred to shall be grounds for
immediate revocation of the license. Lapse of insurance or other evidence of financial
responsibility will trigger an automatic revocation of the license. Notice of cancellation of a
current liquor liability insurance policy shall also serve as notice to the licensee of the impending
revocation and that unless evidence of compliance with the financial responsibility requirement
is presented to the City Clerk/Administrator before the termination is effective, the license will
be revoked instantly upon the lapse of insurance or other financial responsibility.
Section 701.12: LICENSE FEES.
Subd. 1: Payment . All license fees shall be paid in full at the time the application is filed
with the city.
Subd. 2: Fees. The Council establishes the fees by Ordinance for any of the liquor
licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license
and other costs directly related to the enforcement of the liquor laws and this ordinance. No
liquor license fee shall be increased without providing mailed notice of a hearing on the
proposed increase to all affected licensees at least 30 days before the hearing.
Subd. 3: Term; Pro Rata Fee. Other than the temporary on-sale license, each license
shall be issued for a period of one year. If the application is made during the license year, the
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 June 30.
Subd. 4: Refunds. No part of the fee paid for any license issued under this Ordinance
shall be refunded except in the following instances upon request to the City Council within 30
days from the 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 operation of the licensed
business ceases not less than one month before expiration of the license because of:
a) Destruction or damage to the licensed premises by fire or other catastrophes.
b) The licensee's illness.
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c) The licensee's death.
d) A change in the legal status of the municipality, making it unlawful for the
licensed business to continue.
Section 701.13: GRANTING OF LICENSES.
Subd. 1: Preliminary Background and Financial Investigation. On an initial application
for an intoxicating liquor license and on application for transfer of an existing intoxicating liquor
license, the city shall conduct a preliminary background and financial investigation of the
applicant or it may contract with the Commissioner of Public Safety for the investigation. The
applicant shall pay with his/her application an investigation fee of $500.00which shall be in
addition to any license fee. If the council deems it in the public interest to have an investigation
made on a particular application for renewal of an intoxicating liquor license, it shall so
determine.
Subd. 2: Investigation Outside State. If an investigation outside the state is required, the
applicant shall be charged the actual cost of the investigation, not to exceed $10,000, which shall
be paid by the applicant after deducting any initial investigation fee already paid. The fee shall
be payable by the applicant whether or not the license is granted.
Subd. 3: Council Discretion to Grant or Deny a License. The Council in its sound
discretion may either grant or deny the application for any license or for the transfer or renewal
of any license. No applicant has a right to a license under this ordinance.
Subd. 4: Questioned Identity. Questioned identity situations may occur. Fingerprint
verification will be allowed for cases where it is not clear if a record based on a name and date of
birth search accurately corresponds to the subject of the inquiry.
Subd. 5: 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
licensee is deemed a transfer of the license and a transfer of stock without prior council approval
is a ground for revocation of the license.
Section 701.14: PERSONS INELIGIBLE FOR LICENSE. No license shall be granted
to or held by any person:
a) Under 21 years of age.
b) Who is not of good moral character or repute.
c) Who, if he/she is an individual, is not a resident of the State of Minnesota, or does
not become a resident of the State of Minnesota within 90 days after the license is
issued. If the applicant is a corporation, at least one principal officer of the
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corporation must be a resident of the State of Minnesota or must become a
resident of the State of Minnesota within 90 days after the license is issued.
d) Who is or has been convicted of any violation of any law in the United States or
the State of Minnesota or of any local ordinance regarding the manufacture, sale,
distribution, or possession for sale or distribution of intoxicating liquor, or whose
liquor license has been revoked or who has committed a willful violation of any
such laws or ordinance.
e) Who is a manufacturer or wholesaler of intoxicating liquor or is interested directly
or indirectly in the ownership or operation of any such business.
f) Who is directly or indirectly interested in any other establishment in the
municipality to which a license of the same class has been issued under this
Ordinance.
g) Who has not met the general requirements for City approvals under Section
104.06 of the St. Joseph Code of Ordinances.
Section 701.15: PLACES INELIGIBLE FOR LICENSE.
Subd. 1: General Prohibition. No license shall be issued for any place or any business
ineligible for such a license under state law.
Subd. 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 701.16: CONDITIONS OF LICENSE.
Subd. 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.
Subd. 2: Licensee's Responsibility. Every licensee is responsible for the conduct of
his/her place of business and the conditions of sobriety and order in it. The act of any employee
on the licensed premises authorized to sell intoxicating liquor there is deemed the 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.
Subd. 3: Inspections. Every licensee shall allow any peace officer, health officer, or
properly designated officer or employee of the City to conduct compliance checks and to
otherwise enter, inspect, and search the premises of the licensee during business hours and after
business hours during the time when customers remain on the premises without a warrant.
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Subd. 4: Annual Fire Inspection. Every licensee shall complete a Fire Inspection to
check for the following:
a. Unobstructed exits;
b. Verification of posted occupancy load
c. Fire extinguishers
d. Kitchens – Fire suppression in hoods
e. Other Fire Hazards that may be present.
Such inspection must be completed between May 15 and June 15 of each calendar year.
Licensees not completing and passing the inspection will not be eligible for renew or issuance.
Subd. 5: Removal of Trash and Debris. Trash and debris within the establishment’s
property or property within 50 feet of the establishment shall be cleaned no later than 9:00AM
the following day, and all trash and debris located within that area, or trash and debris located
adjacent to the area but originating from the designated outside area, shall be picked up and
removed within that time period. Trash and debris consist of, but is not limited to cigarette butts,
glass, paper, cans and other rubbish.
Subd. 6: Transaction Device Scanner: License holders with a 2:00 a.m. State License are
required to use a transaction scan device or similar approved method at a point of sale or entry to
verify the age and identification of patrons. Transaction scan device is any commercial device or
combination of devices used at a point of sale or entry that is capable of deciphering in an
electronically readable format the information encoded on the magnetic strip or bar code of a
driver’s license or other government-issued photo identification. Proof of use will include
random checks as well as the establishment seizing and releasing to the Police Department all
false identification cards obtained.
Subd. 7: Seized Identification Forms: A licensed retailer or municipal liquor store may
seize a form of identification if the retailer or municipal liquor store has reasonable grounds to
believe that the form of identification has been altered or falsified or is being used to violate any
law. A retailer or municipal liquor store that seizes a form of identification as authorized under
this paragraph must deliver it to a law enforcement agency within 24 hours of seizing such.
Subd. 8: Annual Meeting with Police Chief Required. Both the licensee and at least one
of the managers that is responsible for conducting the licensee’s business at which liquor is sold
must attend a meeting with the City’s Police Chief once per year to discuss the topics of liquor
license rules and their enforcement. The date, time and location of the meeting will be set by the
Police Chief.
Subd. 9: Nudity and Sexual Conduct Prohibited. The following acts or conduct on
licensed premises are strictly prohibited:
a) To employ or use any person in the sale or service of alcoholic beverages in or
upon the licensed premises while such person is unclothed or in such attire,
costume or clothing so as to expose or to view any portion of the female breast
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below the top of the areola or of any portion of the pubic hair, anus, cleft of the
buttocks, vulva or genitals.
b) To employ or use services of any host or hostess while such host or hostess is
unclothed or in such attire, costume or clothing as described in above.
c) To employ or use any dancers, musicians, or other performers or entertainers,
who are unclothed or in such attire, costume or clothing as described above.
d) To directly or indirectly sponsor any contests which may foreseeably cause, result
in or lead to the occurrence of the acts or incidents described in this section.
e) To encourage or permit any person on the licensed premises to touch, caress or
fondle breasts, buttocks, anus or genitals of any employee of the licensee or any
performers or entertainers who are employed or whose services are used by the
licensee.
f) To permit any person to perform acts of or acts which simulate:
1. With or upon another person sexual intercourse, sodomy, oral copulation,
flagellation or any sexual act which is prohibited by law.
2. Masturbation or bestiality.
3. With or upon another person the touching, caressing or fondling of the
buttocks, anus, genitals or female breasts.
4. The displaying of the pubic hair, anus, vulva, genitals or female breasts
below the top of the areola.
g) To permit any person to use artificial devices or inanimate objects to depict any of
the prohibited activities described above.
h) To permit any person to remain in or upon the licensed premises, or any area
owned or controlled by the licensee which is viewable from upon the licensed
premises, who exposes to public view any portion of his or her genitals or anus.
i) To permit the showing of film, still pictures, electronic reproduction, or other
visual reproduction depicting:
1. Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, or any sexual act which is
prohibited by law.
2. Any person being touched, caressed or fondled on the breast, buttocks,
anus, or genitals.
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3. Scenes wherein a person displays the vulva, the anus or the genitals.
4. Scenes wherein artificial devices or inanimate objects are employed to
depict, or drawings are employed to portray, any of the prohibited
activities described herein.
j) A violation of any portion of this section shall be punishable as a misdemeanor.
Both the licensee and the person(s) actually engaging in any of the prohibited acts
shall be criminally liable. Any violation of this section shall also constitute
grounds for revocation or suspension of the licensee's license, in accordance with
the rules and procedures otherwise established by this ordinance and state law.
Section 701.17: HOURS OF OPERATION.
Subd. 1: Applicability of State Laws. No sale of intoxicating liquor shall be made at any
time when the sale of intoxicating liquor shall be prohibited by state law, except that no sale of
intoxicating liquor shall be made between 2:00 a.m. and 8:00 a.m. on the days of Monday
through Saturday, nor after 2:00 a.m. and 10:00 a.m. on Sunday. Except as provided by Section
701.13 Subdivision 2.
Subd. 2: Sunday Liquor. A restaurant, club, or hotel with a seating capacity of at least
30 persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for
consumption on the premises in conjunction with the sale of food after the hour of 10:00 a.m. on
Sundays. An establishment serving intoxicating liquor on Sundays must obtain a Sunday
license. Any establishment requesting a Sunday license must show that they are in conformance
with the Minnesota Clean Air Act. A license must be issued by the governing body of the
municipality for a period of one year, and a fee as established by resolution of the City Council
may be charged, but in no event shall said fee exceed the sum of Two Hundred Dollars ($200).
The sale of liquor on Mondays between the hours of 12:00 a.m. and 1:00 a.m. is permitted unless
otherwise prohibited by State law.
Subd. 3: Display of Liquor after Hours. All persons, except the licensee, his/her bona
fide employees, and the law enforcement officers, shall be excluded from the premises within 30
minutes after the expiration of the time on any day when intoxicating liquor may be legally sold
therein. It shall be unlawful to permit the consumption or displaying of intoxicating liquors later
than 30 minutes after the sales must terminate. It shall be conclusively presumed that any
intoxicating liquor remaining on a bar or in a booth or on a table thereafter shall be for the
purpose of consuming the same in violation of this section.
Subd. 4: Enforcement by Licensee. The named licensee shall be responsible for the
enforcement of this section and failure to do so shall be a violation of this Ordinance whether the
named licensee, or any officer thereof, is physically present when the offense occurred.
If the licensee is operating any other lawful business in the building in which the licensed
bar is located, no intoxicating liquor shall be served, nor permitted to be consumed, on the
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premises where such other business is conducted during the time when the bar must be closed as
aforesaid.
Subd. 5: Sales after 1:00 a.m. Permit Fee: No licensee may sell intoxicating liquor or 3.2
percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has
obtained a permit from the Commissioner. Application for the permit must be on a form the
Commissioner prescribes. Permits are effective for one year from the date of issuance. The fee
for the permit is based on the licensee’s gross receipts from on-sale of alcoholic beverages in the
12 months prior to the month in which the permit is issued and is at the rates established in
Minnesota Statute 340A.504, Subd. 7.
Section 701.18: CLUBS. No club holding a special club license shall sell liquor except
to members. No other licensed club shall sell liquor except to members, and to guests in the
company of members.
Section 701.19: RESTRICTIONS ON PURCHASE OR CONSUMPTION.
Subd. 1: Persons to Whom Sale is Illegal.
a) No persons to whom the sale of intoxicating liquor is forbidden by state law shall
misrepresent his/her age for the purpose of obtaining intoxicating liquor nor shall
he/she enter any licensed premises under this Ordinance in order to procure said
beverages, or to consume or purchase, or attempt to purchase, or have another
purchase for him, such beverages on licensed premises.
b) No person shall induce a person to whom the sale of intoxicating liquor is
forbidden by state law to purchase or procure intoxicating liquor.
c) Except as hereinafter provided, no person to whom the sale of intoxicating liquor
is forbidden shall enter or remain in any place where intoxicating liquors are sold
or given away. A person to whom the sale of intoxicating liquor is forbidden may
be permitted to remain in specified areas of licensed premises if said person:
1. Is accompanied by his/her parent or legal guardian, or
2. Is in the restaurant for the purposes of eating, or
3. Is in a bona fide bowling establishment for the purpose of bowling or
watching others bowl, or
4. Is in an approved game room area no later than 9:00 p.m. for the purpose
of using or watching others use amusement devices, or
5. Is an employee of the licensed premises who is 18 years of age or older
and is on the premises for purposes of his/her employment, or
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6. Is a guest at a private reception or party.
d) For the purposes of this ordinance:
1. Private Reception or Party. Shall mean an event held in licensed premises
that is not open to the public and attendance is limited to a discreet and
identifiable group of persons invited by a host, which group may include
persons under the age of twenty-one (21).
2. Host. For purposes of this ordinance is a person, at least 21 years of age,
who has rented a discreet portion or all of the licensed premises, which
person is financially responsible for the rental of the premises. The general
public may not be allowed into or invited to the private party.
3. Game Room. Is defined as an enclosed area, separate and apart from the
areas in which intoxicating liquor is sold or served, which is equipped
with amusement devices and which has as its primary purpose the use and
enjoyment of said amusement devices, provided, however, that no such
area shall qualify as a game room if intoxicating liquor is served or
delivered to the area by the licensee or his/her employees, before 9:00
p.m. Licensees seeking to establish and operate an approved game room
area must first apply to the City Council for approval and must show that
the area so designated conforms to the definition of "game room" set forth
above. Council approval of any such area is required before minors may
be allowed in the licensed premises pursuant to subparagraph d) of this
subdivision.
4. Licensed premises. Shall not include any enclosed area, separate and
apart from the area in which intoxicating liquor is sold or served, provided
that such area is separated by an impermeable floor to ceiling barrier from
the area in which intoxicating liquor is sold. Any licensee maintaining
such an area at the same site as a licensed premise, shall be responsible for
preventing persons under the legal age for purchasing intoxicating from
entering the licensed premises and preventing the transport of any
intoxicating liquor from the licensed premises into the separate area. The
presence of an underage person in the licensed premises or the presence of
alcohol in the separated area shall both be deemed violations of this
ordinance subdivision by the named licensee.
e) The named licensee shall be responsible for enforcement of this subdivision, and
failure to do so shall be a violation of this Ordinance by the licensee whether the
named licensee, or any officer thereof, be physically present when the offense
occurred.
Subd. 2: Consumption in Public Place.
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a) No persons shall mix or prepare liquor for consumption in any public place or
place of business not licensed to sell liquor on-sale and no person shall consume
liquor in any such place.
b) No liquor shall be sold or consumed on a public highway or in an automobile in
any public place in the City of St. Joseph.
c) No liquor shall be consumed or carried in an open container on any public street,
highway, alley, public sidewalk, public parking lot or private parking lot which is
open for use by the general public.
d) No person shall consume or carry an open container of any liquor on any parking
lot provided for the patrons of a licensee under this Ordinance. The licensee shall
be responsible for the enforcement of this Section, and permitting any person to
consume or carry an open container of liquor on any parking lot provided for the
patrons of a licensee under this Ordinance shall be a violation of this Ordinance
by the licensee.
e) For purposes of this Section, the term "Liquor" shall mean for purposes of
inclusion but not limitation, all intoxicating liquor and spirits, intoxicating and
non-intoxicating malt liquors and wines.
f) For purposes of this Section, herein, "open container" is defined as any type of
container from which a liquid may be readily poured, consumed, or otherwise
removed, that has been opened, or the seal broken, or the contents of which have
been partially removed.
Subd. 3: Identification. Every person shall process and show proper identification to a
licensee, employee of a licensee or police officer when requested to do so when the following
circumstances exist:
a) The person is entering or present in the premises licensed for the sale of
intoxicating liquor.
b) The person is in possession of intoxicating or 3.2 percent malt liquor, either on or
off licensed premises.
For purposes of this ordinance, proper identification shall be limited to a valid driver’s
license or official state identification card.
Subd. 4: Consumption off the Premises. All intoxicating liquor sold on-sale shall be
possessed and consumed inside the building where purchased on-sale except as allowed in
Subdivisions 5 and 6 of this section. The licensee shall be responsible for the enforcement of
this provision, and permitting a person possessing intoxicating liquor on-sale to leave the
building shall be a violation of this Ordinance by the licensee.
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Subd. 5: Outdoor Liquor Sales. Notwithstanding the provisions of Section 701.15,
Subdivisions 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may
allow persons to possess and consume said intoxicating liquor outside of the structure on the
license premises on-sale business by applying and receiving approval for an Outdoor Sales
Permit. An on-sale license holder may include in the application or re-application the additional
request to have an area that is contiguous to the completely enclosed licensed premises included
in the area licensed to permit the sale and/or consumption of liquor. The contiguous area shall
not be part of a public grounds and such area must be specified as included on the liquor liability
insurance certificate. Outdoor Liquor Sales are subject to the following terms and conditions:
a) Time. Sale of liquor in the licensed area is limited to the hours commencing at 10:00
AM and ending at 10:00 PM. Licensees, employees, and agents of any licensee will
not serve, dispense or in any manner furnish liquor in the licensed area at any other
time.; nor permit the presence of any open bottle or open receptacle containing liquor
in the licensed area within 30 minutes after the expiration of the time of any day when
liquor may be legally sold.
b) Access. The primary access and egress shall be from the main premise or structure
and no other access or egress shall be allowed other than those required as emergency
exits.
c) Free Passage Controlled. The premise shall be defined or structurally constructed so
as to prohibit the free passage of any person or substance from the licensed area.
d) Supervision. A designated employee shall be assigned, at all times of operation, the
responsibilities of supervision of the activities within the Outdoor Sales area.
e) No Live Entertainment. Live entertainment or the use of sound producing equipment
in the licensed area except as permitted by the City Council through an amendment of
the Outdoor Sales Permit. All noise shall be controlled in such a manner that it
remains in compliance with noise control regulations as set forth in the St. Joseph
Code of Ordinances
f) Debris. Debris within the designated outside area shall be cleaned within one hour
after the closing of the area, and all debris located within the area, or debris located
adjacent to the area but originating from the designated outside area, shall be picked
up and removed within that time period.
g) Additional Terms and Conditions. Any application granted for the licensed area
premises will be granted upon such additional terms and conditions as the Council
may specify.
h) Expiration. Outdoor Sales, if permitted, will occur from April 1 – October 1 of each
year.
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i) Insurance. Any establishment offering outdoor liquor service must file with the City
evidence on insurance insuring against liability imposed by law arising out of the
ownership, maintenance or operation of such liquor service. The certificate must state
that all coverage afforded to the enclosed premise is extended to the outdoor service
area. The certificate must further state that coverage may not be cancelled except
upon ten days written notice with the City Administrator’s Office. Sale of liquor
within the outdoor service area must cease at any time the required insurance is not in
place.
j) No Expectation of Renewal. Any action of the City allowing outdoor sales must be
deemed experimental and as such, no expectation must be had by the licensee that the
outdoor area will continue to be permitted through annual licensing, even though no
misconduct occurred in the outdoor area.
k) Violations. Any violations of the provisions of this Ordinance regulating Outdoor
Sales, or of the State Law regulating the sales of liquors, which occur in the licensed
area, shall be considered violations of the principal on-sale license for the premises.
l) License Fee. The annual fee for an Outdoor Sales Permit shall be established by
Ordinance of the City Council.
Subd. 6: Temporary Outside Liquor Permit.
a) Notwithstanding the provisions of Section 701.15, Subd.'s 2, 3 and 4 herein, a
licensee shall be allowed to sell intoxicating liquor and may allow persons to
possess and consume said intoxicating liquor outside of the building of an on-sale
business, pursuant to a special permit from the City. The permit shall designate
whether it is an event permit or a seasonal permit. An event permit shall be
applicable for a single designated period not to exceed 48 hours. A seasonal
permit shall be valid from May 1 through September 1, or a designated portion
thereof. Application for a permit must be made to the City Clerk/Administrator at
least ninety (90) days prior to the date for which the permit is to apply.
Application shall be on a form prescribed by the City Council. Application shall
be made in the name of licensee, and the licensee assumes full responsibility for
any violation of the terms of the permit, this Ordinance or other law resulting
from acts or conduct occurring on the licensed premises at the time the permit is
in effect. Application for a permit shall be accompanied by a permit fee
established and amended from time to time by Council resolution. The fee is non-
refundable.
b) Upon receipt, the Clerk/Administrator shall forward the application to the Chief
of Police for review, comment and recommendation. Upon completion of police
review, the application shall be considered by the Council at a public meeting.
Prior to the meeting, the applicant shall notify the owners of property adjacent to
the location of the proposed outside liquor of the pending application.
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c) At the meeting, the Council may either deny or grant the permit and establish
reasonable conditions and regulations controlling the permitted activities.
When considering a permit request, the Council shall consider the following factors:
1. Protection of the peace and repose of the residents of the City.
2. The safety of City residents and their property.
3. The reasonable concerns of City residents within the vicinity of the
proposed activity.
4. The nature of the activity proposed and the manner in which the licensee
intends on controlling the activity.
5. The general land use of the surrounding neighborhood.
6. Past experience with events of a similar nature and events held by the
applicant.
7. Recommendations of the Police Department relative to public safety, law
enforcement and the creation of disturbance.
8. Whether the event is one of general community interest or is in the nature
of a civic event.
d) Permits for temporary outside liquor shall be subject to the following conditions.
1. Outside activities that are conducted in conjunction with liquor sales under
this license, including but not limited to the playing of live or recorded
music, shall cease at 9:30 p.m. except each license holder may on one
night during each calendar year extend the outside activities until 12:00
midnight if the following conditions are met:
a.) The event occurs on a Friday or Saturday, on July 3, or on the day
preceding Memorial Day or Labor Day; and
b.) The licensee has paid a surcharge in an amount established by
Ordinance of the City Council.
2. When the licensee submits his/her application for temporary outside
liquor, he/she shall also submit to the Council a Complaint Mitigation
Plan. This Plan shall outline actions required by the licensee prior to,
during and after an event in order to mitigate the number of complaints
from the public regarding the event. The Plan shall be signed by the
licensee and must be approved by the City Council.
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3. Upon payment of the application fee, the licensee shall also submit
payment in the amount of $1,000 that will be deposited into an escrow
account by the City and will be used to make payments for repairs, clean-
up, fines and other expenses that the City will incur as a direct result of the
licensed event(s). Those funds that are not used shall be returned to the
licensee.
4. The licensee shall provide an appropriate number of properly trained
security personnel to keep order and control during the entire license
period.
e) In granting a permit for temporary outside liquor, the Council shall establish
reasonable conditions to protect public health, safety, repose and property in
addition to those listed above. The conditions established by the Council may
include, but are not limited to, the following:
1. Limitation of the specific activities permitted.
2. Require measures to limit or regulate noise.
3. Limit the number of participants.
4. Make special provisions for additional parking.
f) In addition to those stated in the permit, all temporary outside liquor event permits
shall be subject to the following terms and conditions:
1. Outside liquor shall only be allowed on the licensed premises.
2. Ingress and egress to and from the area in which liquor is served,
consumed or possessed must be effectively controlled by a fence, tent
wall, building or other structure.
3. The licensee, his/her agents or employees shall supervise the activities or
persons within the outside liquor area for the purpose of enforcing the
state and local liquor laws, and controlling ingress and egress to the area.
4. No live or recorded music may be played within the outside liquor area
after 9:30 p.m., unless a written noise mitigation plan has been approved
by the City Council for that specific event.
5. The permitted outside liquor area shall not cause an obstruction of a public
street, alley or sidewalk, unless specifically permitted by the Council.
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6. The licensee shall repair any damage to public property directly resulting
from the activities, including but not limited to damage to pavement
caused by tent stakes and supports.
Subd. 7. Underage Consumption: No person under the age of 21 years shall consume
any alcoholic beverage, unless the alcoholic beverage is consumed in the household of said
persons parent or guardian and with the consent of the parent or guardian.
a) Penalty. A violation of this provision of this Ordinance is subject to the fines
established in the alcohol matrix by the City Council. Any subsequent offenses within
a twenty-four (24) month period of the first offense shall be subject to any additional
fines and or suspension of the liquor license as established in the alcohol matrix
adopted by the City Council.
b) Administrative Provision. The administrative penalty provisions of this ordinance
shall be enforced pursuant to St. Joseph Administrative Penalties Ordinance 104.05.
c) Administrative Procedure Voluntary. Persons who contest their liability or refuse to
pay the assessed penalty will be charged through the normal judicial channels. At any
time prior to the payment of the administrative penalty as is provided for hereafter,
the individual may withdraw from participation in the procedures in which event the
city may bring criminal charges in accordance with law. Likewise, the city, in its
discretion, may choose not to initiate an administrative offense procedure and may
bring criminal charges in the first instance.
d) Notice. Any officer of the City Police Department, and having authority to enforce
this Ordinance, shall, upon determining that there has been a violation, notify the
violator. This notice shall set forth the nature, date and time of violation, and amount
of the scheduled penalty.
e) Failure to Pay. In the event a party charged with an administrative penalty under this
subdivision fails to pay the penalty, within 20 days, a misdemeanor charge may be
brought against the alleged violator in accordance with applicable state statutes. If the
penalty is paid, no such charge may be brought by the City for the same violation.
f) Disposition of Penalties. All penalties collected pursuant to this Subdivision shall be
paid to the City treasurer and may be deposited into the City’s general fund.
Section 701.20: SUSPENSION AND REVOCATION. The Council may either revoke
or suspend for a period not to exceed sixty (60) days, any liquor license and/or assess a civil
monetary fine of not more than Two Thousand Dollars ($2,000) 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 an
opportunity for a hearing pursuant to Minn. Stat. § 14.57 to 14.69 of the Administrative
Procedure Act. However, this section does not require the City to conduct the hearing before an
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employee of the Office of Administrative Hearings. The City may impose a penalty or
suspension under this section.
Section 701.21: BOTTLE CLUBS. Bottle Clubs as defined under M.S.A. 340A.101
shall be prohibited within the City limits of St. Joseph. It shall be unlawful for any private club
or for any business establishment without an authorized on-sale liquor license, directly or
indirectly, or upon any pretense or by any devise to allow the consumption or display of
intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor.
Section 701.22: PENALTY. A violation of this ordinance constitutes a misdemeanor,
except any person violating Section 701.12, Subd.'s 2 or 4 of this Ordinance is guilty of a petty
misdemeanor. Violations of Section 701.12, Subd. 7 may be enforced through criminal and/or
civil sanctions as set forth above.
Section 701.23: LIMITATION OF ON-SALE LIQUOR LICENSES. The number of on-
sale liquor licenses which may be issued under Section 701.02 of this Ordinance shall be limited
to six licenses. Liquor license in excess of six may be permitted by Resolution of the Council if
the entity seeking the license is a restaurant and it has been determined that the entity complies
with the requirements established in operating a restaurant under Minnesota Statute.
Section 701.24: LIMITATION OF EXCLUSIVE OFF-SALE LICENSES. The number
of exclusive off-sale liquor licenses (off-sale licenses not held and operated in conjunction with
an on-sale license) which may be issued under Section 701.02 of this Ordinance, shall be limited
based upon the population of the City of St. Joseph, as follows:
Population of City
Exclusive Off-Sale Licenses Authorized
0 to 3,200 1
3,201 to 11,000 3
11,001 to 15,000 4
Over 15,000 5
The population of the City of St. Joseph shall be as established by the official census of
the United States Department of Commerce or the official population estimates produced by the
State Demographer's Office, whichever is most current.