Mound City Code

Mound City Code 800.00

CHAPTER VIII.

LIQUOR, WINE AND BEER

Section 800 – INTOXICATING LIQUOR LICENSES

800.01 General Provisions.

Subd. 1. Provisions of State Law Adopted. Unless otherwise provided in this chapter, the provisions of Minnesota Statutes, Chapter 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 section as if set out in full.

Subd. 2. Special Definitions. As used in this Section, the following terms shall have the following meanings:

(a) The term "restaurant" means an establishment, under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 50 guests at one time in one or more dining rooms having a total area of at least 254 square feet, and where in consideration of payment therefore, meals are regularly prepared on the premises and served at tables to the general public, and which employs an adequate staff for the usual and suitable service to its guests and more than 50% of the dollar volume of sales comes from the sale of food. For the purpose of meeting the 50% dollar volume requirement, the aggregate dollar volumes of restaurants which are adjacent, and which are under the majority control and ownership of the same individual ma be combined. (ORD 10-2003, 10/26/03)

(b) The term "dining room" means restaurant.

(c) The term "hotel" means a "hotel" as that term is defined in Chapter 340A of Minnesota Statutes and which in addition conducts its business in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of food, as measured by dollar volume of sales.

(d) The term "club" means a "club" as that term is defined in Chapter 340A of Minnesota Statutes.

800.05 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 Section 800. On-Sale Liquor Licenses shall be of four kinds:

(a) Class A - On-Sale, Hotel and Restaurant

(b) Class B - On-Sale, Sunday Sale

(d) Club License.

No person shall sell intoxicating liquor on Sunday unless he or she has applied for and received from the City a Class B (On-Sale, Sunday Sale), license.

Subd. 2. Class A On-Sale Licenses. "On-Sale" licenses shall be issued only to hotels and restaurants and shall permit "on-sale" of liquor only. No more than three Class A (On-Sale, Hotel and Restaurant) licenses shall be issued. No Class B (Sunday Sales) license shall be issued to anyone other than a licensee holding a valid Class A license.

Subd. 3. On-Sale Wine Licenses. "On-Sale" wine licenses shall be issued only to restaurants meeting the qualifications of Minnesota Statutes Section 340A.404, Subd. 5 and shall permit only the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. The holder of an on-sale wine license issued pursuant to Minnesota Statutes Section 340A.404, Subd. 5, who is also licensed to sell 3.2 malt liquor at on-sale pursuant to section 340A.411, and whose gross receipts are at least 60 percent attributable to the sale of food, is authorized to sell intoxicating malt liquors at on-sale without an additional license.

(ORD. #32-1989 - July 3, 1989)

Subd. 4. Club Licenses. Club licenses shall be issued only to incorporated clubs which have been in existence for three years or more or to congressionally chartered veterans' organizations which have been in existence for three years.

Subd. 5. Class B, On-Sale, Sunday Sale. Class B, On-Sale, Sunday Sale licenses authorizing intoxicating liquor sales in conjunction with the serving of food may be issued to any club, hotel or restaurant which has facilities for serving at least 30 guests at one time, and which has an "On-Sale" license. (ORD. 77-1996 - 2-27-96)

a. A club, hotel or restaurant holding a Class B, On-Sale, Sunday Sale intoxicating liquor license, with a seating capacity for serving not less than 30 guests may serve alcoholic beverages in conjunction with the serving of food between the hours of 11:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food, provided the licensee's establishment is in conformance with the Minnesota Clean Air Act (ORD. 111-2000, 9/23/00)

800.10 Application for License.

Subd. 1. Application Form Required. Every application for a license to sell liquor or to allow the consumption of liquor under Subsection 800.05 hereof shall be in the form prescribed by the Commissioner of Public Safety and shall be verified and filed with the City Clerk. No person shall make a false statement in an application.

Subd. 2. Contents of Application. In addition to information which may be required by the State Liquor Control Commissioner, the application shall state:

(a) Whether the applicant is a natural person, corporation, partnership or other form of organization.

(b) If the applicant is a natural person, the following information shall be furnished:

(1) True name, place and date of birth, and street residence address of applicant.

(2) Whether applicant has ever used or been known by a name other than his or her true name, and if so, what was such name, or names, and information concerning dates and places where used.

(3) The name of the business if it is to be conducted under a designation, name, or style other than the full individual name of the applicant.

(4) Whether the applicant is married or single. If married, true name place and date of birth, and street residence address or applicant's present spouse.

(5) Whether applicant and present spouse are registered voters and, if so, where.

(6) Street addresses at which applicant and present spouse have lived during the preceding ten years.

(7) Whether applicant or his or her spouse has ever been convicted of any felony, crime, or violation or any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had.

(8) Whether applicant or his or her spouse has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern, or other business of a similar nature. If so, applicant shall furnish information as to the time, place, and length of time.

(9) The name, address, and business address of each person who is engaged in Minnesota in the business of selling, manufacturing, or distributing intoxicating liquor and who is nearer of kin to the applicant or his or her spouse than second cousin, whether of whole or half blood, or who is a brother-in-law or sister-in-law of the applicant or his or her spouse.

(c) If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in paragraph (b) above. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application.

(d) If the applicant is a corporation or other organization and is applying for an "On-Sale" license, the following information shall be furnished:

(1) The name and, if incorporated, the state of incorporation.

(2) A true copy of the certificate of incorporation, articles of incorporation, or association agreement and by-laws.

(3) The name of a manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in paragraph (b) above.

(4) A list of all natural persons who, singly or together with their spouse, or a parent, brother, sister, or child of either of them, own or control an interest in said corporation or association in excess of 5%, or who are officers of said corporation or association, together with their addresses and all other information required of a single applicant in paragraph (b) above.

(e) The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities, and the locations of and distances to the nearest church building and school grounds. The Council shall require the following off-street parking requirements for licenses of "On-Sale" licenses:

(1) Hotel - At least one parking space for each guest room or each dwelling unit provided in the design or redesign of the building.

(2) Restaurant - At least one parking space for each three seats. Additional parking of one parking space for each two employees on duty during the largest shifts.

The foregoing parking requirements for hotels and restaurants having "On-Sale" intoxicating liquor licenses shall supersede any off-street parking requirements established by City Code.

(f) The floor number and street number where the "On-Sale" sale of liquor is to be conducted and the rooms where liquor is to be consumed. An applicant for an "On-Sale" license shall submit a floor plan of the dining room or dining rooms, which shall be open to the public, shall show dimensions, and shall indicate the number of persons intended to be served in each of said rooms.

(g) If a permit from the Federal government is required by the laws of the United States, whether or not such permit has been issued, and if so required, in what name issued, and the nature of the permit.

(h) The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and proof of the source of such money.

(i) The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lien holders, trustees, trustors, and persons who have co-signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant.

(j) The names, residences, and business addresses of three persons, residents of the

State of Minnesota, or good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to applicant's character or in the case where information is required of a manager, the manager's character.

(k) Whether or not all real estate and personal property taxes for the premises to be licensed have been paid and, if not paid, the years for which delinquent.

(l) Whenever the application for an "On-Sale" license, or for a transfer thereof, is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or designs are on file with the City Building Department, no such plans need to be filed with the City Clerk.

(m) Such other information as the Council shall require.

Subd. 3. Executive of Application. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, any license, bond, and insurance policy issued shall be in the names of all the partners.

Subd. 4. Renewal Application. Applications for the renewal of an existing license shall be made at least 60 days prior to date of expiration of the license and shall be made in such abbreviated form as the City Council may approve. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for his or her failure to file for a renewal, within the time provided, the Council may, if the other provisions of this Section are complied with, waive this requirement and grant the application.

Subd. 5. Accountant's Statement. At the earliest practical time after application is made for the renewal of an "On-Sale" license, and in any event prior to the time that the application is approved by the Council, the applicant shall file with the City Clerk a statement made by a certified public accountant that show the total gross sales and the total food sales of the restaurant for the 12 month period immediately preceding the date for filing renewal applications.

Subd. 6. Bond. Each application for a license shall be accompanied by a surety bond or, in lieu thereof, cash or United State Government bonds of equivalent market value. Such surety bond or other security shall be in the sum of $5,000.00 for an applicant for an "On-Sale" license, club license, or an "On-Sale" wine license. All such bonds shall provide that no cancellation for any cause can be made either by the bonding company or the applicant, without said person first giving 30 days written notice to the City, addressed to the City Manager, of intention to cancel bond. Any bond filed under this subdivision shall be conditioned on the licensee obeying all laws governing the business and paying all taxes, fees, penalties and other charges; and must provide that the bond is forfeited to the City of Mound on a violation of any law regulating the use, sale, consumption or display of alcoholic beverages, as that term is defined in Chapter 340A of Minnesota Statutes. (ORD. 56-1992 - 5/11/92)

Subd. 7. Insurance. Prior to the issuance of a liquor license, the applicant shall demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes Section 340A.801 to the City Clerk and to the Commissioner of Public Safety as a condition of the issuance or renewal of his license. Proof of financial responsibility shall be given by filing a certificate that there is in effect an insurance policy or pool providing the minimum coverages for dram shop liability as required by Minnesota Statutes, Section 340A.409, Subdivision 1. It is the intent of this section to require the minimum insurance coverages and amounts required by Minnesota law. (ORD. #33-1989 - 9-18-89)

Subject to the restrictions set forth in Section 340A.409, Subd. 4, of Minnesota Statutes, the City Clerk is hereby authorized to waive the foregoing requirements as they pertain to insurance for on-sale wine licenses with sales of less than the amount set forth in the Statute if said licensee files an affidavit from a Certified Public Accountant to show that sales are under the amount set forth in the Statute. The licensee must also file a written commitment with the City Clerk that if the sales reach the amount set forth in the Statute, the licensee will not continue to sell wine until he or she has filed a certificate of insurance meeting the requirements set forth in this Subsection 800.10, Subd. 7. (ORD. #56-1992 - 5/11/92)

Subd. 8. Approval of Security. The security offered under Subds. 6 and 7 shall be approved by the City Council, and in the case of applicants for "On-Sale" wine licenses, by the State Commissioner of Public Safety. Surety Bonds shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the City at all times effective security as required in Subds. 6 and 7 is a cause for revocation of the license. (ORD. #33-1989 - 9-18-89)

800.15 License Fees.

Subd. 1. Fees. The annual fee for a Class A liquor license, Class B liquor license, On-Sale Wine license, and Club license, shall be established in accordance with the provisions of Section 500 of the City Code. (ORD. 01-2001, 2/25/01)

Subd. 2. Payment. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment of one-half of the license fee and the fixed investigation fee required under Subsection 800.20, Subd. 1, if any. The remaining balance of the license fee shall be paid before the license is issued. The entire annual "On-Sale" license fee must be paid for the first year's operation of a licensed establishment. In renewing the license, the Council may allow the "On-Sale" licensee to pay the fee in two installments, with one-half due on or before June 30th and the balance due on or before December 31st. All fees shall be paid into the general fund.

Subd. 3. Term, Pro Rata Fee. Each license shall be issued for a period of one year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro-rata feed, with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of June of each year.

Subd. 4. Refunds. No refund of any fee shall be made except as authorized by statute. If an application for a license is withdrawn or rejected, the Treasurer shall refund the amount paid as the license fee, except where rejection or withdrawal is a willful misstatement in the license application.

800.20 Granting of Licenses

Subd. 1. Preliminary Investigation. On an initial application for an "On-Sale" license and on an application for transfer of an existing "On-Sale" license, the applicant shall pay with his or her application a non-refundable minimum investigating fee of $500.00, and the city shall conduct a preliminary background and financial investigation of the applicant. The application in such case shall be made on a form prescribed by the State Bureau of Criminal Apprehension and contain such additional information as the Council may require. If the Council deems it in the public interest to have an investigation made on a particular application for renewal of an "On-Sale" license, it shall so determine. If the Council determines that a comprehensive background and investigation of the applicant is necessary, it may conduct the investigation itself or contract with the Bureau of Criminal Investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the Council that issuance would not be in the public interest.

If the expenses of the investigation relating to any application exceed the minimum investigating fee, the City shall notify the applicant of this fact and shall require the applicant to pay an additional investigating fee which the City Manager deems necessary to complete the investigation of the applicant. The applicant shall pay such an additional investigating fee within five (5) days of being so notified. If such additional investigating fee is not paid within such 5-day period, the City shall discontinue consideration of the application.

If an investigation outside the state is required, the applicant shall be charged the actual cost not to exceed $10,000. Such additional investigating fee, after deducting the minimum investigating fee already paid, shall be payable by the applicant whether or not the license is granted.

Upon completion of the City's investigation, the additional investigating fee, if any, shall be refunded to the applicant after deducting the City's actual costs of investigation.

Subd. 2. Hearing and Issuance. The following procedure be followed in processing applications for licenses under this Section 800:

(a) All applications for a license shall be referred to the Chief of Police and to such other City departments as the City Manager shall deem necessary, for verification and investigation of the facts set forth in the application. The Chief of Police shall cause to be made such investigation of the information requested in Subsection 800.10 as shall be necessary and shall make a written recommendation and report to the Council which shall include a list of violations of federal or state law or municipal regulations.

(b) Upon receipt of the written report and recommendation by the Chief of Police and within 30 days thereafter, the Council shall instruct the Clerk to cause to be published in the official newspaper 10 days in advance, a notice of hearing to be held by the City Council, setting forth the day, time and place when the hearing will be held, the name of the applicant, the premises where the business is to be conducted, and such other information as the Council may direct. At the hearing, opportunity shall be given any person to be heard for or against the granting of the license. After the hearing, the Council may either grant or deny the license. If the license is granted, the Council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted, the Council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the Council may rescind the action granting the license. Such action shall not be

taken, however, without giving the licensee at least ten days notice of the time and place of a hearing on the proposed rescission.

Subd. 3. 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 the 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 license.

800.25 Persons Ineligible for License. No license shall be granted to any person made ineligible for such a license by state law. (ORD. #56-1992 - 5/11/92)

800.30 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. In addition, the existence of any of the following conditions render the applicant and the following premises ineligible for receipt of a Class A On-Sale license or a Class B On-Sale license:

(a) Any restaurant which does not have a total market value, including land, building, and equipment, of at least $250,000 as appraised by the City assessor. The foregoing valuation provision shall not apply to the existing municipal On-Sale liquor dispensary or to the terms established by the Council.

(b) Any hotel which does not have a total market value, including land, building, and equipment, of at least $500,000 as appraised by the City assessor.

Subd. 3. 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.

800.35 Conditions of License.

Subd. 1. In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this Section and of any other applicable ordinance, state law, or regulation.

Subd. 2. Changes in Corporate Form - Notification Requirements. Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws, or partnership agreement, as the cases may be, shall be submitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his or her spouse, parent, brother, sister, or child, exceeds 5%, and shall give all information about said person as is required of a person pursuant to the provisions of Subsection 800.10, Subd. 2.

Subd. 3 Changes in Corporate Form - Early Termination of License. Any change of ownership or beneficial interest or sales of stock entitled to be voted at any meeting of the stockholders of a corporation which result in a change in voting control of the corporation by the persons owning shares of stock therein shall be deemed equivalent to a transfer of the license issued to such corporation, and any such license shall be revoked and terminated 30 days after any such change in ownership or beneficial interest of shares, unless the Council shall have been notified of such change in writing and shall have approved thereof.

Subd. 4. Changes in Physical Condition of Licensed Premises - Notification Requirements. Proposed enlargement, alteration, or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change, and the licensee shall also give such information as is required by Subsection 800.10, Subd. 2.

Subd. 5. Licensee's Responsibility. Every licensee is responsible for the conduct of his or 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 Section and the law equally with the employee.

Subd. 6. Inspection. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the City to enter, inspect, and search the premises of the licensee during business hours without a warrant. In addition, the business records of the licensee, including federal and state tax returns, shall be available for inspection by the City Manager, or other duly authorized representative of the City or the City Council, at all reasonable times.

Subd. 7. Display During Prohibited Hours. No On-Sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited.

Subd. 8. Hours of Operation. No sale of liquor may be made between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, and after 1:00 a.m. on Sunday. Every room, place, or premises where liquor is permitted to be sold, including cafe, restaurant, or dining room operated in connection therewith, pursuant to an On-Sale license, shall be closed and kept closed to the public during the times when a sale of liquor is prohibited under this subdivision. During said hours, no person or persons shall be allowed to be or remain within such room, place or premises, for any purpose whatsoever, except that the owner or licensee, his or her agents, servants, or employees, may be and remain there for the purpose only of cleaning, preparation of meals, necessary repairs, or other work in connection therewith. (ORD 06-2003, 8/24/03)

Subd. 9. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp.

Subd. 10. Club Licenses - No sales to Non-Members. The sale of liquor under a Club license is restricted to members of the club which holds the license, and no licensee holding a club license shall sell liquor to persons who are not members or bona fide guests of members of the licensee club. (ORD 77-1996 - 2-27-96)

Subd. 11. Employment of Under Age Persons. Except as authorized by Chapter 340A of Minnesota Statutes, no person under age 21 shall be employed on any licensed premises. (ORD. 08-2005, 6/14/05)

Subd. 12. Additional Conditions. The City Council may impose, in addition to those standards and requirements expressly specified by this Ordinance, additional conditions which the City Council considers necessary to protect the best interest and welfare of the community as a whole. (ORD. 05-2005, 5/8/05)

800.40 Restrictions on Purchase and Consumption.

Subd. 1. Liquor in Unlicensed Places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor On-Sale and/or a permit from the Commissioner of Public Safety under Minnesota Statutes Section 340A.414, and no person shall consume liquor in any such place.

Subd. 2. Consumption in Public Places. No person shall consume liquor on a public highway, public park, or other public place.

Subd. 3. Liquor in Hotel Guest Rooms. No sale of intoxicating liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for the service of food in guest rooms; nor unless the sale of such intoxicating liquor is made in the manner On-Sale are required to be made; nor unless such sale accompanies and is incident to the regular service of meals to guests therein; nor unless the rules or such hotel and the description, location, and number of such guest rooms are fully set out in the application for a license.

Subd. 4. Proof of Age. Any person who may appear to the licensee, his or her employees or agents, to be under the minimum age allowed by Chapter 340A of Minnesota Statutes shall upon demand of the licensee, his or her employee or agent, produce and permit to be examined a valid driver's license, a current Minnesota identification card issued pursuant to Section 171.07 of Minnesota Statutes, or in the case of a foreign national, a valid passport.

Subd. 5. No intoxicating liquor shall be sold, served, or consumed on the licensed premises during the time when a sale is prohibited by law. (ORD. 65-1993 - 8/30/93)

800.45 Bottle Clubs and Locker Clubs - Set-Ups.

Subd. 1. Definition - Liquor. Whenever used in this Subsection 800.45, the term "intoxicating liquor" and "liquor" shall include ethyl alcohol and any liquid of any kind, potable as a beverage, containing one-half (1/2) of one percent (1%) or more of alcohol by volume, and also any liquid of any kind potable as a beverage which is in fact intoxicating.

Subd. 2. Unlawful Acts. No person shall manufacture, sell, give away, possess, or transport, or solicit, receive, or take any order for, intoxicating liquor; except that this prohibition shall not apply to ethyl alcohol intended for chemical, mechanical, medicinal, pharmaceutical, scientific, industrial, or sacramental purposes, if a license has been secured as provided by state law; nor to any liquor intended for such purposes; or except that a license has been secured pursuant to Subsection 800.05, Subd. 4, hereof.

It shall be unlawful for any private club or public place, directly or indirectly or upon any pretense or by any device, to allow the consumption or display of intoxicating liquor, or the serving of any liquid for the purpose of mixing with intoxicating liquor without first securing a permit from the Commissioner of Public Safety and paying the annual fee as provided by Subd. 4 of this Section and Section 340A.414 of Minnesota Statutes.

Subd. 3. Property Used in Violation Hereof a Nuisance. All places where intoxicating liquor are manufactured, sold, bartered, or given away in violation of law or where persons are permitted to resort for the purpose of drinking intoxicating liquors, as a beverage, or where intoxicating liquors are kept for sale, barter, or distribution in violation of law, and all liquors, bottles, kegs, pumps, bars, and other property kept at and used for maintaining such a place, and all vehicles used for illegal transportation of liquor, are hereby declared public nuisances affecting public morals and decency.

Subd. 4. Annual Fee. Every private club or public place desiring to allow the consumption or display of intoxicating liquor, or to serve any liquid for the purpose of mixing with intoxicating liquor, shall on or before July 1 of each year, pay to the City Treasurer a fee in an amount established in accordance with the provisions of Section 500 of the City Code, and shall be issued a written receipt therefor. If a portion of the year has elapsed when payment is made, a pro-rata fee shall be paid; but no such pro rata fee shall be accepted from any private club or public place which has violated Subd. 2 of this Section. In computing such fee, any unexpired fraction of a month shall be counted as one month. The written receipt shall be posted in some conspicuous place upon the premises alongside the permit issued by the Commissioner of Public Safety and shall be posted at all times. (ORD. 01-2001, 5/25/01)

Subd. 5. Inspections. Any private club or public place allowing the consumption or display of intoxicating liquor shall be open at all reasonable hours for inspection by the Commissioner of Public Safety, his designated agents, and duly authorized peace officers of the City. Refusal to permit such inspections shall be a violation of this Section.

Subd. 6. Exceptions. This Section does not apply to any premises licensed for the sale of intoxicating liquor under Subsection 800.05 hereof.

Subd. 7. Deliveries. For the purposes of this Section, delivery and sale of intoxicating liquor shall be deemed to occur at the place at which a purchaser accepts possession of the intoxicating liquor from the seller thereof or from his or her agent or employee. If the purchaser of intoxicating liquor permits the seller thereof or any employee or agent of such seller to retain or reacquire possession thereof, the place of delivery of possession and sale for the purposes of this Section shall be deemed to be the place at which possession of such intoxicating liquor is thereafter redelivered to the purchaser.

800.50 Suspension and Revocation. The Council shall either suspend for up to 60 days or revoke any liquor license, or impose a civil penalty as established in accordance with Section 500 of the City Code, or impose any combination of these sanctions, for each violation 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 Minnesota Statutes, Sections 14.57 to 14.70. (ORD. 14-2006, 8/6/06)