Ordinance No. 13-1


Table of Contents

Section 1. Definition of Terms.

(a) As used in this ordinance, the terms “intoxicating liquor”, “liquor”, “sale”, “sell”, “person”, “package”, “original package”, “exclusive liquor store”, and “club”, shall be defined as they are defined in the state statutes as statutes are now written or as they may be amended or supplemented from time to time.

(b) “On Sale” shall mean the sale of liquor by the glass for consumption on the premises only.

(c) “Off Sale” shall mean the sale of liquor in original packages in retail stores for consumption off or away from the premises where sold.

(d) The term “drug store” as used in conjunction with licensing under this ordinance shall mean any place where drugs are kept, compounded, and sold and which shall at all times be in charge of a registered pharmacist or of a registered assistant pharmacist during the temporary absence of such registered pharmacist.

Section 2. Dispensary Established.

There is hereby established a municipal liquor dispensary for the on-sale and off-sale of intoxicating liquor.

Section 3. Location and Operation of Dispensary.

(a) The dispensary shall be located at such suitable place in the City as the Council determines by resolution. However, no premises upon which taxes or other public levies are delinquent shall be leased for dispensary purposes.

(b) The management of the dispensary shall be under the control of the Council. The dispensary shall be in the immediate charge of a liquor store manager selected by the Council and paid such compensation as is fixed by the Council. The manager shall operate the dispensary under the direction of the Council and shall perform such duties in connection with the dispensary as may be imposed upon him by the Council. He shall be responsible to the Council for the conduct of the dispensary in full compliance with this ordinance and with the laws relating to the sale of liquor and beer.

(c) 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. No minor shall be employed in the dispensary.

(d) Every employee required for the dispensary, including the manager, shall furnish a surety bond to the City, conditioned upon the faithful discharge of his duties, in such sum as the Council specifies. the bond premium may be paid by the City or by the employee in the discretion of the Council.

Section 4. Dispensary Fund Created.

(a) 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.

(b) The handling of municipal liquor dispensary receipts and disbursements shall comply with the procedure prescribed by law for the receipt and disbursement of City funds generally.

(c) The accounting procedure of the dispensary shall be established by the Council, but the maintenance of a perpetual daily inventory shall be provided for.

Section 5. Hours of Operation.

The dispensary shall not be open for business of any kind during the hours when sales of intoxicating liquor are prohibited by the statutes of the State of Minnesota as are now written or as they may be amended or supplemented from time to time. The Council may further restrict hours of operation by resolution.

Section 6. Conditions of Operation and Restrictions on Consumption.

(a) The principal business of the dispensary shall be the “on” and “off” sale of liquor.

(b) No liquor or beer shall be sold on credit.

(c) No person shall be permitted to loiter about the dispensary habitually.

(d) No minor shall be permitted to remain on the dispensary premises.

(e) All legal restrictions relating to the manner of conducting the sale of intoxicating liquor on premises licensed for such sale, and the maintenance of order on such premises, shall also apply to the municipal liquor dispensary, insofar as they can be made applicable. All duties imposed by such restrictions on the license shall be imposed on the dispensary manager, with regard to the manner of conducting the business of the liquor dispensary.

Section 7. Violation by Employees.

Any employee of the dispensary willfully violating any provision of this ordinance or any provision of the laws of the State of Minnesota relating to gambling or the sale of intoxicating liquor shall be discharged.

Section 8. Wholesale Transactions.

Nothing hereunder shall prohibit the sale of liquor to the municipal liquor dispensary by wholesale dealers and distributors from time to time as is necessary in the ordinary course of business.