ORDINANCE NO. 23
          
                                                 INTOXICATING LIQUOR

             SALE, CONSUMPTION AND DISPLAY OF LIQUOR, WINE AND BEER.

             THE CITY COUNCIL OF THE CITY OF ROYALTON HEREBY ORDAINS:
         
SECTION 1.          PROVISION OF STATE LAW ADOPTED.                                                                                                                                                    
The provisions of Minnesota Statutes, Chapter 340A, relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, 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. The only exception to the Statue being hours of sale. The only exception to the Statue being hours of sale. The hours of sale to be set by the Royalton City Council.

SECTION 2.          HOURS OF SALE; INTOXICATING LIQUOR.

(a)     IN GENERAL.
No sale of intoxicating liquor shall be made after one a.m. on Sunday, except pursuant to a special Sunday on-sale license. All persons, except the licensee, his or her employees, and law enforcement officers, shall be excluded from the premises within thirty minutes after the expiration of the time on any day when intoxicating liquor may be legally sold therein and all doors to said premises shall be closed and locked at that time. All persons except the licensee, his or her employees and law enforcement officers, shall thereafter be continuously excluded from the premises until the next time when liquor may again be legally sold on the premises.
(b)     ON-SALE.
No sale of intoxicating liquor for consumption on the licensed premises may be made between 1:00 A.M. and 8:00 A.M. on the days of Monday through Saturday.
(c)     OFF-SALE.
The hours and days of operation for off-sale operation shall be as specified in Minnesota Statutes 340A.504.
(d)     SUNDAY ON-SALE.
No Sunday on-sale shall be made unless a special Sunday liquor license has been issued or as specified in Minnesota Statutes 340A.504.                                                                             
SECTION 3.          PUBLIC CONSUMPTION PROHIBITED.            

(a)     No person shall consume or dispense any alcoholic beverage, or possess uncapped containers of alcoholic beverages, including 3.2 beer on any street, sidewalk or municipal parking area in the city, except as permitted under a license duly issued by the city. No employee of a licensed premises shall supply containers, such as paper cups or other throwaway containers, for use in consuming or carrying intoxicating liquor or beer outside of the premises, except as permitted under a license duly issued by the city.          
(b)     A violation of this section of this ordinance shall be a petty misdemeanor.  

SECTION 4.        LICENSES REQUIRED.  

(a)     GENERAL RULE.
No person shall, directly or indirectly upon any pretense or by any device, manufacture, import, sell exchange, barter, dispose of, or keep for sale any intoxicating liquor, without a license.
(b)     ON-SALE LICENSES.
On-sale licenses shall be issued only to Hotels, Clubs, Restaurants, and Exclusive liquor stores and shall permit on-sale of liquor only. No more than four (4) such licenses shall be granted at any one time in the city.
(c)     OFF-SALE LICENSES.
Off -sale licenses shall be issued only to Drug stores and Exclusive liquor stores and shall permit off-sale of liquor only. No more than four (4) such licenses shall be granted at any one time in the city.
(d)     SUNDAY LICENSES.
Special Sunday liquor licenses may be issued as set forth in Ordinance # 4.033 and as defined in Minnesota Statutes Section 340A.504.
(e)     MULTIPLE LICENSES.
Nothing in this section shall be construed to prohibit retail "on-sale" of non-intoxicating malt beverages by a licensee licensed to sell intoxicating liquor on the same premises. 
                    
SECTION   5.        APPLICATION FOR LICENSE.
No person shall receive a license who is ineligible under Minnesota Statutes 340A.402.Every application for a license to sell liquor shall state the name of the applicant, his or her age, representations as to his or her character with such references as the council may require, his or her citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he or she has been in that business at that place, and such other information as the council may require from time to time. In addition to contained such information, the application shall be in the form prescribed by the liquor control director and shall be verified and filed with the clerk. No person shall make a false statement in an application.

SECTION 6.          LIABILITY INSURANCE.
Prior to the issuance of a liquor license, the applicant shall file with the City Clerk proof of financial responsibility in one of the following forms:               
(a)     A certificate that there is in effect for the period covered by the license an insurance policy or pool providing the following minimum coverages :
(1) $50,000 because of bodily injury to any one person in any one occurrence and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,00 because of injury to or destruction of property of others in any one occurrence;
(2) $50,000 for loss of means of support of any one person in any one occurrence and, subject to the limit for one person, $100,000 for loss of means of support of two or more persons in any one occurrence; or
(3) A bond of surety company with minimum coverages as provided in (a); or
(4) A certificate of the state treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000; or
(5) If a liability insurance policy is made subject to all the conditions of a bond under Minnesota Statutes Section 340.12, the policy may be accepted by the council in lieu of the bond required under (a) of section 5.                       

(b)     APPROVAL OF SECURITY.
Any security offered under (a) of section 5 shall be approved by the City Council and in the case of applicants for off-sale licenses, by the state liquor control director. Liability insurance policies 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 (a) of section 5 is cause for revocation of the license.

SECTION 7.      LICENSE FEES.
(a)     FEES.
         The annual license fee for intoxicating liquor shall be set according to the fee schedule of the City Of Royalton. Fees may be changed from time to time by resolution by the Royalton City Council.
(b)     PAYMENT
Each application for a license shall be accompanied by a receipt from the treasurer in payment in full of the license fee. All fees shall be paid into the general fund. If an application for a license is rejected, the treasurer shall refund the amount paid.
(c)     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 fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of August.
(d)     REFUNDS.
         No refund of any fee shall be made except as authorized by Statute.

SECTION 8.          GRANTING OF LICENSE.
  
(a)     INVESTIGATION.
The council shall cause an investigation to be made of all of the representations set forth in the application. Opportunity shall be given at a regular or special meeting of the council to any person to be heard for or against the granting of a license. After such investigation and approval of the required bond, the council may by resolution grant or refuse such license in its discretion. Upon the rejection of any application for license the treasurer shall refund the amount paid and the bond shall be returned to the applicant; provided however, that where the applicant is the operator of a Drug store or where the application is for an off-sale liquor license for the operation of an Exclusive liquor store and where such applicant is the holder of an on-sale non-intoxicating malt liquor license heretofore issued by the city, to sell such non-intoxicating malt liquor for consumption on the premises, the council shall not grant such off-sale liquor license until the applicant surrenders the license to sell non-intoxicating malt liquor for consumption on the premises to the clerk.
(b)     ISSUANCE: OFF-SALE
If an off-sale liquor license is granted, the resolution granting it shall direct the clerk to issue the license whenever the bond herein provided for has been approved by the liquor control director and the council, and the liquor control director advises the clerk that the issuance of the license to the particular applicant is approved.       
(c)     ISSUANCE: ON-SALE.
If an on-sale license is granted, such resolution shall direct the clerk to issue the same whenever the bonds herein provided for have been approved by the city attorney as to form and approved by the council.       
(d)     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 council approval. A 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 9.          CONDITIONS OF LICENSE.
                             
(a)     IN GENERAL.
Every license is subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any applicable ordinance, state law or regulation.
(b)     LICENSEE'S RESPONSIBILITY.
Every licensee is responsible for the conduct at 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, and the licensee shall be liable to all penalties by this ordinance and the law equally with the employee.
(c)     INSPECTIONS.
Every licensee shall allow any peace officer, health officer, or properly designed official or employee of the city to enter, inspect, and search the premises of the licensee during business hours without a warrant.
(d)     FEDERAL STAMPS.
No licensee shall posses a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp.

SECTION 10.        RULES AND RESTRICTIONS OF LICENSES.

(A)    Minors.
It is unlawful to serve or sell intoxicating liquor to any individual under the age specified in Minnesota Statutes 340A.503. Except as provided under Minnesota Statutes 340A.503, sub. 4, it is further unlawful to employ or allow any person under the age of 21 to remain in a licensed premises where intoxicating liquors or beer is being sold or served, except as follows:
(1) Before 9:00 o'clock p.m. a person under the age of 21 years may be in or upon a licensed premises where intoxicating liquor or beer is being sold if accompanied by at least one of the person's parents or guardians.
(2) After 9:00 o'clock p.m. a person under the age of 21 years accompanied by at least one of the person's parents or guardians may be in that portion of the licensed premises designated by the licensee as a "Party Room" if the licensee has previously designated the area as a "Party Room" by a written description filed with and approved by the City Council.
A "Party Room" must meet the following requirements:
(a) Have a separate entrance from the rest of the licensed premises which does not require entering the licensed premise.
(b)  Being separated from the rest of the licensed premises by walls and / or doors.
(3) The provisions of this section shall not apply to a hotel, motel, or bowling alley holding an intoxicating liquor license.

(B)    Gambling.
No licensee shall keep, possess, or operate, or permit the keeping, possession or operation of, on the premises or in any room adjoining the licensed premises controlled by him, any slot machines, dice, or other gambling devices or apparatus, nor permit any gambling therein, except as authorized by state law.                

SECTION 11.        PENALTY.
Any violation of the provisions of this Ordinance, with the exception of Section 3 (as hereinbefore provided) shall be a misdemeanor.

                                          THIS ORDINANCE SHALL SUPERSEDE AND REPEAL ALL PRIOR AND CONSISTENT ORDINANCES. THIS ORDINANCE SHALL BE EFFECTIVE UPON PASSAGE AND PUBLICATION REQUIRED BY LAW.

DATED: 9-16-08
CLERK: Carol Madsen
MAYOR: Andrea Lauer