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HomeMy WebLinkAboutChapter 9: Liquor City of Edina Liquor 900.01 CHAPTER 9. LIQUOR Section 900 - Sale of Liquor and Wine; Licensing 900.01 Definitions PART D. SPECIAL REQUIREMENTS FOR ON-SAIE PART A. SALE OF LIQUOR AND WINE AT NON INTOXICATING MALT LIQUOR LICENSES OFF-SALE 900.13 Special Licensing Requirements 900.02 Sales Limited to Municipal Liquor 900.14 Place of Serving and Consumption Stores 900.15 Meal served with Non-Intoxicating Malt 900.03 Dispensary Established Liquor 900.04 Sale of Non-Intoxicating Malt Liquor 900.16 Temporary On-Sale License at Off-Sale PART E.SPECIAL REQUIREMENTS FOR ON-SAIE PART B. GENERAL REQUIREMENTS FOR SALE WINE LICENSES OF LIQUOR AND WINE AT ON-SALE 900.17 Special Licensing Requirements; Fees 900.05 License Required 900.18 Conditions of Sale 900.06 Requirements for On-Sale Licenses PART F. SPECIAL REQUIREMENTS FOR ON-SALE 900.07 Manner of Conducting Sales OF INTOXICATING MALT LIQUOR 900.08 Anti-Spiking 900.19 License Requirements 900.09 Bottle Clubs Prohibited 900.20 Conditions of Sale PART C. SPECIAL REQUIREMENTS FOR CLUB AND 900.21 Affidavit of Percentage of Food Sold TEMPORARY ON SALE LIQUOR LICENSES 900.22 Automatic Termination 900.10 Special Licensing Requirements PART G. MISCELLANEOUS 900.11 Sunday Sale License 900.23 Headings 900.12 Temporary license 900.24 License Revocation or Suspension 900.25 Incorporation by Reference 900.01 Definitions. Unless the context otherwise clearly indicates, the following terms shall have the stated meanings: Bar. A counter or similar kind of place or structure at which wine or liquor is served but not in conjunction with regular full meal service. Commissioner. The State Commissioner of Public Safety. Cafe. See definition of"restaurant" in this Subsection. Club. Any corporation duly organized under the laws of the State for civic, fraternal, social or business purposes, or for intellectual improvement, or for the promotion of sports, which shall have more than 50 members, and which for more than one year shall have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for the purpose, none of whose members, officers, agents or employees are paid, directly or indirectly, any compensation by way of profit from the distribution or sale of beverages to the members of the club 900 - 1 City of Edina Liquor 900.01 or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. Food Establishment License. A license issued by the City under the provisions of Section 720 of this Code. Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by fermentation and containing more than 3.2 percent of alcohol by weight. Licensed Premises. The area shown in the license application as the place where wine or liquor will be served or consumed. Liquor. Non-intoxicating malt liquor, intoxicating liquor, and intoxicating malt liquor. Meal. Entrees and sandwiches offered on a restaurant menu. Non-Intoxicating Malt Liquor. Any potable beverage with an alcoholic content of more than one-half of one percent by volume and not more than 3.2 percent by weight. Off-Sale. Retail sale in the original package for consumption away from the premises only. On-Sale. Sale for consumption on the premises only. On-Sale License. A license for the on-sale of intoxicating liquor issued by the City pursuant to any law other than Minnesota Laws 1973, Chapter 441. Original Package. Any container or receptacle holding liquor, in which the liquor is corked or sealed at the place of manufacture. Restaurant. An establishment, under control of a single proprietor or manager, having appropriate facilities for serving meals and where in consideration of payment, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and which has a seating capacity for not fewer than 30 guests at one time. Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain, dispose of, or furnish any liquor or wine or any other beverage, directly or indirectly, as part of a commercial transaction, in violation or evasion of the provisions of this Section, but does not include sales by State licensed liquor 900 - 2 City of Edina Liquor 900.04 wholesalers selling to licensed retailers. State Established Legal Drinking Age. For purposes of this Section, the State established legal age for consumption of liquor and wine is 21 years of age. Sunday Sale License. A license for the on-sale of intoxicating liquor issued by the City pursuant to Minnesota Laws 1973, Chapter 441. Wine. Vinous beverage created by fermentation. PART A - SALE OF LIQUOR AND WINE AT OFF-SALE 900.02 Sales Limited to Municipal Liquor Stores. No intoxicating liquor, intoxicating malt liquor or wine shall be sold, or caused to be sold at off-sale within the City by any person, or by any store or establishment, or by any agent or employee of such person, store or establishment, except by the City and on the premises in the City occupied by the municipal liquor dispensary. 900.03 Dispensary Established. There is hereby established a municipal liquor dispensary for the off-sale of liquor and wine. The dispensary shall be located at such suitable places in the City as the Council determines by resolution. Subd. 1 Management and Control. The dispensary shall be under the control of the Manager. The Manager may appoint employees as deemed necessary to operate the dispensary in full compliance with this Section and State Law. No person under the State established legal drinking age shall be employed in the dispensary. Subd. 2 Surety Bond. The Manager may require persons employed in the dispensary to furnish a surety bond to the City in the same manner as prescribed by Subsection 115.12 of this Code. Subd. 3 Hours of Operation. Subject to the requirements of M.S. 340A.504, the hours of operation of the dispensary shall be established by resolution of the Council. Subd. 4 Manner of Conducting Sales. All restrictions as to the manner of conducting sales as set forth in Subsection 900.07 shall apply to the municipal liquor dispensary. 900.04 Sale of Non-Intoxicating Malt Liquor at Off-Sale. Subd. 1 License Required. No person, directly or indirectly, upon any pretense or by any device, shall sell at off-sale any non-intoxicating malt liquor without first having obtained a license. 900 - 3 City of Edina Liquor 900.04 Subd. 2 License Procedure and Control; Fee. The provisions of Section 160 of this Code, shall apply to all licenses required by this Subsection, and to the holders of such licenses, except that licenses and renewals shall be granted or denied by the Council. The application shall also describe the type of business transacted on the licensed premises. Every person licensed, or applying for a license under this Section, in addition to other requirements imposed by this Section for the obtaining or renewal of a license, shall demonstrate proof of financial responsibility to the Clerk with regard to liability imposed by M.S. 340A.801, as a condition to the issuance or renewal of such license, in the manner and to the extent required by M.S. 340A.409; provided, if any licensee or applicant claims exemption from the requirements of said Statute, proof of exemption shall be established by affidavit given by the licensee or applicant. The affidavit shall be in form and substance acceptable to the Clerk. The application shall be accompanied by the fee in the amount set forth in Section 185 of this Code. The fee shall be non-refundable. Subd. 3 Prohibited Premises. No license shall be granted to any theater, recreational hall or center, dance hall or place where dancing is permitted, or other place of public gathering for the purpose of entertainment, amusement, or playing of games, or any other place not eligible under M.S. 340A and the regulations of the Commissioner. No license shall be granted for any premises where a license has been revoked for cause for at least one year after such revocation, except that on unanimous vote of the Council such license may be granted at any time after such revocation. Subd. 4 Prohibited Persons. No license shall be granted to: A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or any manufacturer of non-intoxicating malt liquor, or to any person who has a financial interest, directly or indirectly, in such manufacturer, brewer or wholesaler. B. Any person under the State established legal drinking age. C. Any person convicted of any willful violation of any law of the United States or any provision of State Law or this Code with regard to the manufacture, sale or distribution of liquor. D. Any person not eligible under M.S. 340A.402 and the regulations of the Commissioner. Subd. 5 Location. No license shall be granted to premises within 250 feet of any public school. Subd. 6 License Term Every license, issued under this Section shall expire at 12:01 A.M. on April 1, following its date of issuance. 900 - 4 City of Edina Liquor 900.06 Subd. 7 Licenses Not Transferable. No license shall be transferred to any person or premises by the person or from the premises to whom and for which the license was granted, by any means whatsoever, including, without limitation, devise or descent or involuntarily by the operation of law, without the person and premises to whom and to which the license is to be transferred having first submitted an application containing all of the information required in an original application, and complying with all requirements for an original license, and receiving the approval of the Council, and where required, the Commissioner. Subd. 8 Manner of Conducting Sales. All restrictions as to the manner of conducting sales as set forth in Subsection 900.07 shall apply to the sale of non- intoxicating malt liquor. PART B - GENERAL REQUIREMENTS FOR SALE OF LIQUOR AND WINE AT ON-SALE 900.05 License Required. No person, directly or indirectly, upon any pretense or by any device, shall sell at on-sale any wine or liquor without first obtaining a license of the applicable type herein described: A. Club On-Sale Liquor License - permits the sale of liquor and wine at on-sale. B. Non-Intoxicating Malt Liquor License - permits the sale of non-intoxicating malt liquor at on-sale. C. Wine License - permits the sale of wine at on-sale. (Intoxicating malt liquor may be sold on premises holding both a non-intoxicating malt liquor license and a wine license.) D. Temporary On-Sale Intoxicating Liquor License -permits the sale of intoxicating liquor at the Edina Foundation Ball. E. Temporary On-Sale Non-intoxicating Malt Liquor License - permits the sale of non-intoxicating malt liquor at events sponsored by certain organizations. 900.06 Requirements for On-Sale Licenses. Subd. 1 License Procedure and Control; Fee. The provisions of Section 160 of this Code, shall apply to all licenses required by Subsection 900.05 and to the holders of such licenses, except that licenses and renewals shall be granted or denied by the Council and the Commissioner if required by State Law. The application shall also describe the type of business transacted on the licensed premises. Every person licensed, or applying for a license, under this Section, in addition to other requirements imposed by this Section for the obtaining or renewal 900 - 5 City of Edina Liquor 900.06 of a license, shall demonstrate proof of financial responsibility to the Clerk with regard to liability imposed by M.S. 340A.801, as a condition to the issuance or renewal of such license, in the manner and to the extent required by M.S. 340A.409; provided, if any licensee or applicant claims exemption from the requirements of said statute, proof of exemption shall be established by affidavit given by the licensee or applicant. The affidavit shall be in form and substance acceptable to the Clerk. The application shall be accompanied by the fee in the amount set forth in Section 185 of this Code. The fee shall be non-refundable. Subd. 2 Prohibited Premises. No license shall be issued for any premises where a license has been revoked for cause for at least one year after such revocation, except that on unanimous vote of all members of the Council such license may be granted at any time after such revocation. Subd. 3 Prohibited Persons. No license shall be granted to: A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or any manufacturer of non-intoxicating malt liquor, or to any person who has a financial interest, directly or indirectly, in such manufacturer, brewer or wholesaler. B. Any person under the State established legal drinking age. C. Any person convicted of any willful violation of any law of the United States or any provision of State Law or this Code with regard to the manufacture, sale or distribution of liquor. D. Any person not eligible under M.S. 340A.402 and the regulations of the Commissioner. Subd. 4 Location. No license shall be granted to premises within 250 feet of any public school. Subd. 5 License Term. Every license, issued under this Section shall expire at 12:01 A.M. on April 1, following its date of issuance. Temporary licenses issued pursuant to this Section shall expire on the date specified in the license. Subd. 6 Licenses Not Transferable. No license shall be transferred to any person or premises by the person or from the premises to whom and for which the license was granted, by any means whatsoever, including, without limitation, devise or descent or involuntarily by the operation of law, without the person and premises to whom and to which the license is to be transferred having first submitted an application containing all of the information required in an original application, and complying with all requirements for an original license, and receiving the approval of the Council, and where required, the Commissioner. Any change in the persons 900 - 6 City of Edina Liquor 900.07 named in the original application or any change in the information in such original application shall be deemed a transfer for the purposes of this Section. Provided, however, the following changes shall not be deemed a transfer: A. A change in the ownership of a limited partnership comprising 10% or less cumulatively of the limited partnership during the then license period; B. A change in ownership of a corporation comprising 10% or less cumulatively of the stock owners during the then license period; or C. A change in one of the corporation's officers during the term of the then license. Provided, however, the corporation shall give notice of a change in officer to the Clerk and the new officer shall comply with all requirements of this Section and Section 160 of this Code. 900.07 Manner of Conducting Sales. Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the licensee's place of business and shall maintain conditions of sobriety and order. Subd. 2 Age. No wine or liquor shall be sold to any person under the State established legal drinking age, or to an intoxicated person, directly or indirectly. Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell liquor or wine. Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or permit the keeping, possession or operation on the licensed premises, or in any room adjoining the licensed premises controlled by the licensee, any slot machines, dice or other gambling equipment as defined in M.S. 349.30, nor permit any gambling therein, nor permit the licensed premises or any room in the same or in any adjoining building, directly or indirectly under licensee's control, to be used as a resort for prostitutes or other disorderly persons; provided, however, that lawful gambling may be carried on if allowed by this Code and where allowed by a license issued pursuant to M.S. 349 or this Code. Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or brewer, as defined in M.S. 340A, of wine or liquor. Subd. 6 Delinquent Taxes. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the City are delinquent and unpaid. 900 - 7 City of Edina Liquor 900.09 Subd. 7 Open to Inspection. All licensed premises shall be open to inspection by any police officer or other designated officer or employee of the City at any time during which the place so licensed is open for business. Subd. 8 Hours of Sale. The hours and days of sale shall be as set forth in M.S. 340A.504. Subd. 9 Hours of Consumption. No liquor or wine shall be consumed by any person on, in or about the premises of any place licensed for the on-sale of liquor or wine after 1:30 A.M. of any day and prior to the time of that same day when such place, pursuant to this Section, may again begin to sell liquor or wine. 900.08 Anti-Spiking. Subd. 1 No Liquor or Wine in Non-Licensed Food Establishments. Except as permitted by a license issued pursuant to this Section, no person shall take or carry any wine or liquor into any food establishment as defined in Section 720 of this Code. Subd. 2 Mixing or Sale for Mixing Prohibited. Except as permitted by a license issued pursuant to this Section, no person shall mix with liquor or wine or sell for the purpose of mixing with liquor or wine, any soft drink, other liquor or beverage in any food establishment as defined in Section 720 of this Code. Subd. 3 Illegal to Permit Mixing. Except as permitted by a license issued pursuant to this Section, no person shall consume, or permit the consumption, mixing or spiking of any beverage by adding to the same any liquor, in any building or place operated as a food establishment as defined in Section 720 of this Code. Subd. 4 Presumption. The fact that any person in any food establishment, as defined in Section 720 of this Code, sold any liquid or beverage to a person who thereupon and therein added to such liquid or beverage any liquor or wine shall be prima facie evidence that such liquid or beverage was sold by such person for the purpose of adding liquor or wine and shall be prima facie evidence that such person and the person's employer permitted the mixing or spiking of such liquid by adding wine or liquor. 900.09 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant to this Section, establishments or clubs that directly or indirectly allow the consumption or display of wine or liquor, or knowingly serve any liquid for the purpose of mixing with liquor or wine, shall be prohibited. Permits for bottle clubs issued by the Commissioner under M.S. 340A.414 shall not be approved by the Council. 900 - 8 City of Edina Liquor 900.13 PART C - SPECIAL REQUIREMENTS FOR CLUB AND TEMPORARY ON-SALE LIQUOR LICENSES 900.10 Special Licensing Requirements. In addition to the requirements imposed by Subsection 900.06, a club on-sale liquor license may be issued only to a club which held a license prior to January 1, 1940, for the sale of intoxicating liquor. No license shall be issued to any club which after January 29, 1934, has been convicted of any wilful violation of any law of the United States or any provision of State Law, or any local ordinance, with regard to the manufacture, sale, or distribution of intoxicating liquor, nor to any club which has any license issued under this Section revoked after said date for any wilful violation of this Code or such laws. 900.11 Sunday Sale License. No person, directly or indirectly, upon any pretense or by any device, shall sell any intoxicating liquor on Sunday without first having obtained a Sunday sale license. To obtain such license a person must have a club on-sale liquor license and comply with the provisions of Subsection 900.06, Subd. 1. 900.12 Temporary License. A temporary on-sale intoxicating liquor license may be issued on the following terms and conditions: A. Such license shall be issued only to the holder of a then current club on-sale liquor license. B. No more than one such license shall be issued during each calendar year. C. Such license shall permit the licensee to sell intoxicating liquor only in connection with the Edina Foundation Ball. D. Such license shall allow the on-sale of liquor and wine only, and only on the premises described in the license. E. Such license shall be issued for one period of time, the length of which does not exceed 24 consecutive hours. PART D - SPECIAL REQUIRMENTS FOR ON SALE NON-INTOXICATING MALT LIQUOR LICENSES 900.13 Special Licensing Requirements. In addition to the requirements imposed by Subsection 900.06, non-intoxicating malt liquor licenses shall be issued only to (i) private clubs which have been incorporated for more than ten years and which own and operate club houses for their members in which the serving of such liquor is incidental to and not the major purpose of such club, (ii) restaurants, (iii) golf courses, (iv) indoor recreational facilities which are a part of or within a public park, (v) bowling centers and (vi) hotels as defined in M.S. 340A. 900 - 9 City of Edina Liquor 900.16 900.14 Place of Serving and Consumption. Non-intoxicating malt liquor shall be served and consumed at tables in the dining or refreshment room on the licensed premises, and shall not be consumed or served at bars; provided, the same may be served at counters where food is regularly served and consumed. 900.15 Meal Served with Non-intoxicating Malt Liquor. In any place licensed for the on- sale of non-intoxicating malt liquor, which is also licensed for the on-sale of wine, no person shall be sold, served or consume non-intoxicating malt liquor who does not order a meal to be served with the non-intoxicating malt liquor. 900.16 Temporary On-Sale License. Temporary on-sale non-intoxicating malt liquor licenses may be issued on the following terms and conditions: Subd. 1 Applicant Requirements. Such licenses shall be issued only to applicants which are: A. A corporation or organization organized for service to the community, state, or nation, for social purposes, for the promotion of sports or for the promotion of persons to elective office,where the serving of non-intoxicating malt liquor is incidental to and not the main purpose of the organization; or charitable or religious corporations for and to which gifts are deductible from the income of the donor under the Internal Revenue Code of 1986, as now enacted or as supplemental or amended; and B. Which meet all the following requirements by presentation of evidence satisfactory to the Manager: 1. Applicant must have been in existence and actively engaged in programs intended to further and promote the purposes for which organized for a period of at least 18 consecutive months prior to the date application is made for such license. 2. Applicant must be organized for one or more of the purposes set out in paragraph A. of this Subd. 1 and not for the sole or main purpose of obtaining such license. Subd. 2 License Restrictions. A. Not more than two such licenses shall be issued to any one corporation or organization in a calendar year, and there shall be at least 30 days between the license issue dates. B. Not more than four such licenses shall be issued to any one location in a calendar year. 900 - 10 City of Edina Liquor 900.17 C. Only one such license shall be issued for any date. D. Each such license shall allow the on-sale of non-intoxicating malt liquor only, and only on the premises described in, and for the days specified in, the license. E. Each such license shall be issued for three consecutive days only. Subd. 3 Application for Temporary License. An application for a temporary license shall be submitted and processed pursuant to Subsection 900.06, including payment of the fee in the amount as set forth in Section 185 of this Code. The fee shall be non-refundable. Subd. 4 Applicants to Which License Requirements Apply. The provisions of Subsection 900.13 shall not apply to licenses issued pursuant to this Subsection. Subd. 5 Transfer of License. Once granted, and upon application made at least five days in advance of the dates for which the license is issued, an applicant may request a transfer of the license to another period of three consecutive days. The Manager may grant such transfer if no temporary on-sale non-intoxicating malt liquor license has been issued for that same time period. PART E - SPECIAL REQUIREMENTS FOR ON-SALE WINE LICENSES 900.17 Special Licensing Requirements; Fees. In addition to the requirements imposed by Subsection 900.06, the following special requirements shall apply to on-sale wine licenses. Subd. 1 Licensed Premises. On-sale wine licenses shall be issued only to premises that meet the following requirements: A. The premises must be a restaurant having seating capacity for not fewer than 30 guests at one time which is located in the R-1 District, or the PCD-1, PCD-21 PCD-3 Subdistricts, or the Mixed Development District as established by Section 850 of this Code. B. The premises must have an exclusive entrance from and exit to the exterior of the building in which the license premises is located or to a public concourse or public lobby, and have a physical barrier separating the licensed premises from other areas so as to prevent the passing of patrons other than through the required entrances and exits. C. Have a valid food establishment license issued pursuant to Section 720 of this Code and have adequate space, as determined by the Sanitarian, for the storage, preparation and handling or service of food and wine. 900 - 11 City of Edina Liquor 900.17 D. The premises must be under the control of the licensee. E. The premises must have been approved by the Commissioner. F. The premises shall not be increased in size or changed in seating capacity during the then license period. Subd. 2 Licensed Person. The on-sale wine licensee must: A. Be an individual owner, a partnership or a corporation. B. If an individual, not have (i) been convicted, within the five years prior to the application for a license, of any violation of any law of the United States, the State, or any other state or territory, or of any local ordinance with regard to: (a) the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor or other controlled substances as defined by State Statute, (b) gambling, (c) theft, or (d) vice; or (ii) had an intoxicating liquor license, including a wine on-sale license, revoked for any violation of any statutes, ordinances or regulations relating to the manufacture, sale, distribution or possession of liquor or wine. C. Have a manager, licensed under Subd. 6 of this Subsection in charge of and on the licensed premises at all times during which the licensed premises are open for business. D. Sign a statement indicating that the licensee has reviewed and understands the pertinent provisions of this Section and applicable State laws. E. Not have applied for nor hold a federal wholesale or retail liquor dealer's special stamp or a federal or State gambling or gaming stamp or license. F. Not be an employee or elected official of the City. G. Not have falsified any information given either in the application or in the process of investigation. H. On renewal, not have been found in violation of any provision of this Section or applicable State Law. I. If an individual, be a U.S. citizen or resident alien. J. Not be financially indebted to a person who is disqualified under paragraphs B., E., or F. of this Subd. 2. 900 - 12 City of Edina Liquor 900.17 Subd. 3 Additional Information on Application. In addition to the requirements set forth in Subsection 900.06, the applicant, in the application form, shall provide all information required by the State Department of Public Safety and other information as deemed necessary by the City during the application process to determine compliance with the provisions of this Section and applicable State Law. Subd. 4 Renewal Applications. On-sale wine license renewal applications shall be made at least 60 days before and not earlier than 150 days before the expiration date of the license. A manager's license renewal application shall be made at least 30 days before and not earlier than 150 days before the expiration date of the license. If, in the judgment of the Council as to on-sale wine licenses, and in the judgment of the Manager as to manager's licenses, good and sufficient cause for the applicant's failure to apply for a renewal within the time provided is shown, the Council, or Manager, as the case may be, may, if the other provisions of this Section are complied with, grant the license. Subd. 5 Investigation Fees and Deposit. Upon application, the applicant shall deposit$500.00 with the City for the investigation fee. If the investigation requires out-of-state investigation, an additional $2,000.00 shall be deposited before further processing of the application by the City. The cost of the investigation shall be based on the expense involved, but in no event shall it exceed $500.00 if the investigation is limited to the State or$10,000.00 if outside the State. All deposit monies not expended on the investigation shall be refunded to the applicant. All investigative expenses incurred in excess of the deposit shall be paid prior to consideration of the license application by the Council. Investigation fees for license renewal shall not exceed $100.00 unless there is a change of ownership of more than 10% cumulatively over the then existing license period. Subd. 6 Manager's License. The individual or individuals in charge of the licensed premises pursuant to paragraph C. of Subd. 2 of this Subsection shall be licensed pursuant to this Subd. 6. A. Each individual manager shall apply for a manager's license on application forms provided by the Clerk. The application shall be accompanied by the fee in the amount set forth in Section 185 of this Code. The application shall be processed in a manner similar to that for an on-sale wine license except a manager's license shall be granted or denied by the Manager. Each application shall describe the licensed premises to be managed by the applicant. The manager's license shall be restricted to the licensed premises described in the application and shall not be transferable to any other individual. B. No investigative fee shall be required for a manager's license application, but if investigated with an application for an on-sale wine license and if investigation of the proposed manager for the licensed premises results in 900 - 13 City of Edina Liquor 900.18 additional expense, or out-of-state investigation, additional deposits may be required to be made under Subd. 5 of this Subsection. C. The applicant for a manager's license, in order to be issued a manager's license hereunder, shall and must comply with all requirements of this Section and State Law which are applicable to an applicant for a manager's license including, without limitation, Subd. 2 of this Subsection and Subsection 900.18. 900.18 Conditions of Sale. In addition to the requirements of Subsection 900.07, the following special requirements shall apply to the on-sale of wine. Subd. 1 Meal Consumed With Wine. No person shall be sold, served or consume wine who does not order a meal. The licensee shall advise all patrons of the requirements of this Subd. 1 either through placards displayed in the restaurant or notices contained in the menu and wine list. Subd. 2 Limit of Alcohol Strength No wine over 14 percent alcohol by volume may be sold or consumed. Subd. 3 Denied Sales or Consumption. No sales or consumption of wine shall be permitted at a bar or beyond the licensed premises. Subd. 4 Container Volume Restrictions. Wine may not be sold, served or consumed in containers larger in volume than one liter. Subd. 5 Sale Prices for Wine. No licensee shall promote the consumption of wine on the licensed premises by any means or methods which result in wine prices which are less than those normally charged on the then regularly used menu, including, but not limited to, two-for-one or similar offers, prizes, coupons, games or barters. Subd. 6 Diluting, Changing, or Tampering with Wine Prohibited. No licensee shall sell, offer for sale or keep for sale, wine in any original package that has been refilled or partly refilled. No licensee shall directly or through any other person, dilute, or in any manner tamper with, the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any wine in the original package differing in composition, alcoholic content or type from the wine received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. Subd. 7 Sunday Sales. Holders of wine licenses may sell wine during the same hours on Sunday as holders of Sunday sale licenses may sell intoxicating liquor. 900 - 14 City of Edina Liquor 900.24 Subd. 8 State Law. All applicable provisions of State Law shall be complied with in connection with the on-sale of wine. PART F - SPECIAL REQUIRMENTS FOR ON-SALE OF INTOXICATING MALT LIQUOR 900.19 License Requirements. No person, directly or indirectly, upon any pretense or by any device, shall sell at on-sale any intoxicating malt liquor unless such person, and the premises where such sale is to be made, then has in force and effect (i) a license validly issued by the City for the on-sale of wine, and (ii) a license validly issued by the City for the on-sale of non-intoxicating malt liquor. 900.20 Conditions of Sale. In addition to the requirements of Subsection 900.07 and Subsection 900.18, no person, directly or indirectly, upon any pretense or by any device, shall sell any intoxicating malt liquor unless at least 60 percent of the gross receipts of the licensed premises are attributable to the sale of food. 900.21 Affidavit of Percentage of Food Sold. The requirement of Subsection 900.20, that at least 60 percent of the gross receipts of the licensed premises be attributable to the sale of food, shall be established by an affidavit of the licensee, on a form provided by the Clerk. The affidavit shall be given with each application for issuance or renewal of an on- sale wine license. In addition, the licensee shall give such an affidavit at such other times as the Clerk may request. Also, the Clerk, at any time and from time to time, may require that any such affidavit be verified and confirmed, on a form provided by the Clerk, by a Certified Public Accountant who is a member of the Minnesota Society of Certified Public Accountants. Failure or refusal of a licensee to give such affidavit with such application, or on request of the Clerk, or any false statement in any such affidavit, shall be grounds for denial, suspension or revocation of all licenses held by such licensee for the on-sale of non-intoxicating malt liquor or the on-sale of wine. 900.22 Automatic Termination. The provision of this Part F shall terminate automatically at 12:01 A.M. on April 1, 1993. No intoxicating malt liquors shall be sold under this Part F after said time and date. PART G - MISCELLANEOUS 900.23 Headings. For purposes of this Section, the Parts A through G and the language with each Part, shall be a part of this Section and used in interpreting this Section. 900.24 License Revocation or Suspension. The penalty and remedy provisions of M.S. 340A.415 are hereby adopted and made a part of this Code and shall be useable by the City to enforce this Section in addition to the provisions of Sections 100 and 160 of this Code. Provided, however, the hearing required by said Statute before a license can be suspended or revoked shall be before the Council and shall be held pursuant to the 900 - 15 City of Edina Liquor 900.25 procedures set forth in Section 160 of this Code. 900.25 Incorporation by Reference. The provisions of M.S. 340A. which are referenced in this Section are hereby adopted and incorporated by reference and made a part of this Section, including all regulations of the Commissioner which relate to such incorporated provisions of M.S. 340A. History: Ord 902 adopted 1-11-84; amended by Ord 902 AI 4-24-85; Ord 902-A2 12-11-85; Ord 902-A3 4-23-86;Ord 902-A4 6-25-86, Ord 902-A6 12-19-89;Ord 902-A 7 5-23-90; Ord 902- A8 3-17-91; Ord 902-A9 3-27-91; Ord 902-A9; Ord 902 A10 4-10-91 Reference. Minnesota Laws 1973, Chapter 441 (Sunday sale licenses for clubs); Minnesota Laws, 1980, Chapter 410 (Sales at Edina Foundation Ball), M.S. 340A, 349 Cross Reference. Sections 100, 160, 185, 720, 850; Subsection 115.12 900 - 16 City of Edina Liquor 905.02 Section 905 - Open House Parties 905.01 Definitions. For the purpose of this Section, the following terms shall have the stated meanings: Alcoholic Beverage. Any beverage containing more than one-half of one percent of alcohol by weight. Control. The right of possession of a residence or premises. Controlled Substance. Any drug, substance or immediate precursor so defined in M.S. 152.01. Minor. A person not legally permitted by reason of age to possess alcoholic beverages pursuant to the provisions of this Code and State law. Residence or Premises. A home, apartment, condominium, hotel room, premises, or other dwelling unit or meeting room or hall, whether occupied on a temporary basis or permanent basis, whether occupied as a dwelling or for a social function, owned, rented, leased or under the control of any person or persons including the curtilage of such residence or premises. Open House Parry. A social gathering of persons at a residence or premises. A social gathering attended only by the owners, or those with rights of possession of the residence or premises, or their immediate family members, shall not be considered an open house party for purposes of this Section. 905.02 Acts Prohibited. No person having control of any residence or premises shall allow an open house parry to take place at the residence or premises if any alcoholic beverage or controlled substance is possessed or consumed at the open house parry by any minor. History. Ord 905 adopted 5-11-88 Reference. M.S. 340A.801; 152 905 - 1