HomeMy WebLinkAboutOrdinance 704 - Kegs CHAPTER VII—LIQUOR, BEER & WINE
ORDINANCE 704 AN ORDINANCE LIMITING POSSESSION OF CERTAIN
CONTAINERS OF 3.2 PERCENT OR INTOXICATING MALT LIQUOR (KEGS) AND
REQUIREMENT FOR LICENSE....................................................................................... 704-1
Section 704.01: DEFINITION................................................................................ 704-1
Section 704.02: PERMIT REQUIRED....................................................................... 704-1
Section 704.03: LIMITATIONS................................................................................. 704-2
Section 704.04: DUTY OF LICENSE LIQUOR ESTABLISHMENT ........................ 704-2
Section 704.05: EXCEPTIONS .................................................................................. 704-2
Section 704.06: PENALTIES ..................................................................................... 704-2
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CHAPTER VII—LIQUOR, BEER & WINE
ORDINANCE 704 AN ORDINANCE LIMITING POSSESSION OF CERTAIN
CONTAINERS OF 3.2 PERCENT OR INTOXICATING MALT LIQUOR (KEGS) AND
REQUIREMENT FOR LICENSE
Section 704.01: DEFINITIONS. For the purpose of this section the following
definitions shall apply:
Subd. 1: Intoxicating Liquor. Ethyl alcohol, distilled, fermented, spirituous, vinous, and
malt beverages containing more than 3.2 percent of alcohol by weight.
Subd. 2: KeSs. 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 704.02: PERMIT REQUIRED. Any individual of lawful age under the laws of
the State of Minnesota may possess a keg in a residentially zoned area within the City of St.
Joseph after first having obtained a permit and permit sticker from the City Offices.
Subd. 1: Application for Permit and Permit Sticker. Any person desiring to obtain a
permit to possess a keg will fill out an application at the City Offices setting forth the applicant's
full name, address and telephone number and the address within St. Joseph where the applicant
will be possessing the keg. In addition, the applicant will be required to provide proof of identify
and age in form of a valid Minnesota driver's license or identification card, or valid driver's
license from another jurisdiction. Falsifying 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
by the applicant to the keg utilizing the adhesive on the sticker and placing the sticker in a clearly
visible location upon the purchase of a keg.
Subd. 3: Permit Fee. The permit fee for each keg will be as set forth in Appendix A of
the St. Joseph Code of Ordinances, as amended by the Council periodically.
Subd. 4: Return of Permit. Prior to the issuance of any subsequent keg permit and
permit sticker, the preceding permit issued and remains of the permit sticker must be returned to
the City Offices or in alternative a minimum of 30 days will have elapsed since the date of
issuance of the previous permit.
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CHAPTER VII—LIQUOR, BEER & WINE
Subd. 5: Persons Ineligible for Permit. No person will be issued a keg 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 days.
Subd. 6: Prohibitions. It will be unlawful for any person to possess a keg within the City
of St. Joseph without having first obtained a permit and permit sticker as set forth herein. A
permittee will have the permit present at the location where the keg is possessed at all times, and
will exhibit the permit upon the request of any licensed peace officer.
Section 704.03: LIMITATIONS. All permits authorized under the preceding section
will be subject to the following limitations:
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.
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 shall be considered a single property unit.
Subd. 3: CONTROLLER OF PROPERTY LIABLE. For purposes of Section 704.03
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.
Section 704.04: 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 704.05: EXCEPTIONS. Any person or premises licensed to sell intoxicating or
3.2 percent malt liquor under any provision of state law or local ordinance may possess kegs and
are specifically exempted from the provisions of this ordinance.
Section 704.06: PENALTIES. A violation of a provision of this Ordinance shall be
punishable as a misdemeanor.
Updated 7/2003 Ordinance 704
Uenient
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