Ordinance No. 13-2


Table of Contents

Part A — Retail Licenses

Section 1. Definition of Terms.

(a) “Non-Intoxicating Malt Liquor” shall mean any potable malt beverage with an alcoholic content of more than one-half of one percent by volume and not more than 3.2 percent by weight.

(b) “Cafe” or “restaurant” as used in this ordinance shall mean any place where preparing and serving lunches or meals to the public to be consumed on the premises constitutes the major business thereof.

(c) Definitions set forth in the preceding Ordinance 13-1 dealing with intoxicating liquor are incorporated herewith where applicable.

Section 2. License Required.

(a) No person shall sell, vend, deal in or dispose of, by gift, sale, or otherwise, or keep or offer for on-sale or off-sale, any non-intoxicating malt liquor without first having received a license therefor as hereinafter provided.

(b) Licenses shall be of 2 kinds: “Off Sale” and “On Sale”.

(c) “On Sale” licenses shall be granted only to drug stores, cafes, restaurants, and hotels where food is prepared and served for consumption on the premises and in bona fide clubs and shall permit the sale of such liquor for consumption on the premises only. A bona fide club is any club organized for social or business purposes or for intellectual improvement or for the promotion of sports where the serving of such liquor is incidental to and not the major purpose of the club.

(d) “Off Sale” licenses shall be granted to permit the sale at retail and wholesale of such liquor in the original packages for removal and consumption off the premises only.

Section 3. Applications for License.

All applications for any license to sell non-intoxicating malt liquor shall be made on forms to be supplied by the City setting forth the name of the person asking for such license, his age, representations as to his character with such references as may be required, his citizenship, the location where such business is to be carried on, whether such application is for “on sales” or “off sales”, the business in connection with which the proposed license will operate, whether applicant is owner and operator of such business, the time such applicant has been in that business at that place, and such other information as the governing body may require from time to time. It shall be unlawful to make any false statement in any application.

Section 4. Fees.

All applications for licenses shall be accompanied by a receipt from the City Treasurer for the required annual fee for the respective license. All such fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the Treasurer shall refund the amount paid.

The annual fee for “On Sale” and “Off Sale” licenses shall be set by the City Council by resolution.

All licenses shall expire on the last day of March in each year, provided that if 8 months of any licensing year have elapsed when the application is made, the fee shall be reduced to one-half the regular amount thereof.

Section 5. Granting of Licenses.

The City Council shall cause an investigation to be made of all facts set forth in the application. After such investigation, the City Council shall grant or refuse any such application in its discretion. All licensed premises shall have the license therefor posted in a conspicuous place at all times.

Section 6. Conditions of Licenses.

All licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of this ordinance and subject to all other ordinances of the City applicable thereto:

(a) No license shall be granted to any person under 21 years of age.

(b) No license shall be granted to any person who has been convicted of a felony or of violating the National Prohibition Act or any law of this state or local ordinance relating to manufacture or transportation of intoxicating liquors.

(c) No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this ordinance or where any license hereunder has been revoked for cause at least 1 year after the said conviction or revocation.

(d) No sale of any non-intoxicating malt liquor shall be made to any person under guardianship, nor to any person under 21 years of age.

(e) No on-sale and/or off-sale licensee shall serve such malt liquor during the hours when sales of non-intoxicating malt liquors are prohibited by state law.

(f) All premises where any license hereunder is granted shall be open to inspection by any police officer or health officer or other properly designated officer or employee of the City at any time during which the place so licensed is opened to the public for business.

(g) No gambling, nor any gambling device prohibited by law shall be permitted in any licensed premises, unless allowed as charitable gambling under Minnesota Statutes pursuant to a charitable gambling license.

(h) All licenses granted under this ordinance shall be issued to the applicant only and shall be issued for the premises described in the application. Such license shall not be transferred to another place without the approval of the City Council, nor to another person with or without the consent of the Council.

(i) No license shall be granted to any manufacturer of non-intoxicating malt liquor, nor to anyone interested in the control of any such place, and no equipment or fixture in any licensed place shall be owned in whole or in part by any such manufacturer.

(j) No license shall be granted within 300 feet of any public school nor within 300 feet of any church.

(k) Licenses shall be granted only to persons who are citizens of the United States, residents of the City of Mazeppa, and persons of good moral character.

(l) All restrictions relating to the manner of conducting the sale of intoxicating liquor at the municipal dispensary and the maintenance of order on such premises shall also apply to the manner of conducting the sale of non-intoxicating malt liquor and the maintenance of order on premises licensed for such sale.

Section 7. Clubs.

No club shall sell liquor except to members and to guests in the company of members.

Section 8. No Partition, Box, or Screen Permitted.

In any place licensed for “on sales”, all windows in the front of any such place shall be of clear glass, and the view of the whole interior shall be unobstructed by screens, curtains, or partitions. There shall be no partition, box, stall, screen, curtain, or other device which shall obstruct the view of any part of said room from the general observation of persons in said room; provided, however, that partitions, subdivisions or panels not higher than 48 inches from the floor shall not be construed as in conflict with the foregoing; and provided, however, such license shall entitle the holder thereof to serve non-intoxicating malt liquors in a separate room of such restaurant to banquets or dinners at which are present not less than 6 persons.

Section 9. Revocation.

Any license granted hereunder may be revoked by the City Council pursuant to Minnesota Statutes. Any violation of any provision or condition of this ordinance or any falsification of any statement in the application shall be ground for revocation. No portion of the license fee paid in the City treasury shall be returned upon revocation.

Section 10. Prohibited Sale.

Nothing hereunder shall permit the manufacture, sale, or transportation, or keeping or having in possession for sale or transportation of, or taking or receiving, or soliciting, any order for any liquor of a greater alcoholic content than 3.2 percent by weight except for medicinal, pharmaceutical, or scientific purposes, unless a license therefor has been obtained pursuant to Mazeppa City Code Ordinance No. 13-2 or 13-3, and any such act is hereby made unlawful. Any violation of this provision upon any premises licensed hereunder shall also constitute grounds for revocation of the license, and the same shall be automatically revoked upon a conviction of the violation of this provision.

Section 11. Hours of Operation.

No sale of non-intoxicating malt liquor shall be made during the hours which such sales are prohibited by the statutes of the State of Minnesota as they are now written or as they are amended or supplemented from time to time. The Council may further restrict hours of operation by resolution.

Part B — Wholesale Licenses

Section 12. Wholesale License.

It shall be unlawful for any person, firm, or corporation to engage in the business of selling, vending, distributing, or delivering, within the City of Mazeppa, non-intoxicating malt liquor at wholesale without first obtaining a license to do so as hereinafter provided.

Section 13. Application.

Every application for a license hereunder shall state the name of the applicant, his age, residence, place of business, and such other information as the Council may require from time to time. It shall be unlawful to make any false statement in the application. Applications shall be filed with the City Clerk.

Section 14. Fees.

The annual fee for such license shall be set by resolution of the City Council, which sum shall be paid to the City at the time of filing of the application for a license. In the event an applicant is refused a license, such fee shall be refunded to the applicant. No refund shall be made once a license is granted. No license shall be transferable to any other person. No license shall be granted pro rata for part of a year. All such licenses shall expire on the 31st day of March next following date of issuance.

Section 15. Investigation.

The City Council shall make such investigation of the facts set out in the application as it may deem necessary. Opportunity shall be given to any person to be heard for or against the granting of a license. After such investigation and hearing, the City Council shall grant or refuse such license in its discretion.

Section 16. Revocation.

Any license issued hereunder may be revoked by the City Council, in its discretion, upon conviction of the licensee, his agents, or employees for violation of any state law or local ordinance relating to the possession, use, sale, or transportation of intoxicating liquor or violation of this ordinance.

Section 17. Inspection.

The place of business of any licensee hereunder, or any vehicle, conveyance, or any other means of transportation used in said business, shall be subject to and open to inspection by law enforcement officers of the City of Mazeppa or County of Wabasha at any time during business hours.

Section 18. Sale to Retailers.

Licenses issued hereunder shall authorize the licensee to engage in a business of selling, vending, distributing, and delivering non-intoxicating malt liquors to holders of retail “on sale” and retail “off sale” licenses only.

Section 19. Exceptions.

The provisions of this ordinance requiring a license fee to be paid to the City of Mazeppa shall not apply to non-resident dealers and distributors at wholesale of non-intoxicating malt liquor who are duly authorized and licensed by the State of Minnesota, any of its political subdivisions, or any other municipal corporations of the State of Minnesota.