Mound City Code 805.00
Section 805 – MUNICIPAL LIQUOR DISPENSARY
805.01 Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340A with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor in or by a municipal liquor dispensary are adopted and made a part of this Code as if set out in full.
805.05 Dispensary Continued. The municipal liquor dispensary heretofore established is hereby continued for the "Off-Sale" of intoxicating liquor. No liquor may be sold at retail elsewhere in the City or by anyone not employed in the dispensary, except that the "On-Sale" of such liquor is permitted in such establishments, clubs, hotels, or restaurants as may be lawfully authorized by the Council. No person shall consume liquor in a public park, on a public street, or in any public place other than a licensed establishment or in an establishment where the consumption and display of liquor is lawfully permitted.
805.10 Location and Operation.
Subd. 1. Location. The dispensary shall be located at such suitable place in the City as the Council determines, but no premises upon which taxes, assessments, or other public charges are delinquent shall be leased for dispensary purposes.
Subd. 2. Manager. The dispensary shall be in the immediate charge of a liquor store manager selected by the City Manager and paid such compensation as is fixed by the Council. He or she shall furnish a surety bond to the municipality, conditioned upon the faithful discharge of his or her duties, in such sum as the Council specifies. The bond premium shall be paid by the City. The manager shall operate the dispensary under the Council's direction and shall perform such duties in connection with the dispensary as may be imposed upon him or her by the Council. He or she shall be responsible to the Council for the conduct of the dispensary in full compliance with this Section and with the laws relating to the sale of liquor and beer.
Subd. 3. Other Employees. The Council shall also appoint such additional employees as may be required for the dispensary and shall fix their compensation. All employees, including the manager, shall hold their positions at the pleasure of the Council. Except as authorized in Chapter 340A of Minnesota Statutes, no person under age 21 shall be employed in the dispensary. In the discretion of the Council, such employees may be required to furnish surety bonds conditioned for the faithful discharge of their duties, in such sums as the Council may specify. The premium on such bonds shall be paid by the City.
805.15 Dispensary Fund Created.
Subd. 1. Fund Established. A municipal liquor dispensary fund is hereby created in which all revenues received from the operation of the dispensary shall be deposited and from which all ordinary operating expenses shall be paid. Any amounts it may be necessary to borrow from the general fund of the City for initial costs of rent, fixtures, and stock or for operating expenses shall be reimbursed to that fund out of the first available moneys coming into the dispensary fund thereafter. Surpluses accumulating in the dispensary fund may be transferred to the general fund or to any other appropriate fund of the City by resolution of the Council and expended for any municipal purpose.
Subd. 2. Receipts and Disbursements. The handling of municipal liquor dispensary receipts and disbursements shall comply with the procedure prescribed by law for the receipts and disbursements of the City funds generally.
Subd. 3. Audit. The Council shall provide as soon as possible following the close of each fiscal year for an audit of the accounts of the municipal liquor dispensary for that fiscal year by the State Auditor or a qualified public accountant.
Subd. 4. Prohibited Business. No business other than the sale of liquor shall be carried on in the dispensary.
Subd. 5. Hours of Operation. Hours of operation shall be as established by the Council.
Subd. 6. No Gambling. No person shall keep, possess, or operate on the municipal liquor dispensary premises, or in any adjoining room, any slot machine, dice, or any other gambling device.
805.20 Enforcement. It shall be the duty of all police officers of the City to enforce the provisions of this Section 805, to search premises and seize evidence of law violation, and to preserve the same as evidence against any person alleged to be violating this Section 805, and to prepare the necessary processes and papers therefore.