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<br />0 .05: INELIGIBILITY:
<br />No license shall be granted to any person made ineligible for such a license by state law'. (Ord. 972, 5-13-198 )
<br />55 302.06: DELINQUENT TAXES AND CHARGES:
<br />56 No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the city are
<br />57 delinquent and unpaid. (Ord. 972, 5-13-1985)
<br />58 302.07: GRANTING OF LICENSE:
<br />A. Investigation and Issuance: The City Council shall investigate all facts set out in the application. Opportunity shall be
<br />60 given to any person to be heard for or against the granting of the license. After the investigation and hearing, the City
<br />61 Council shall, in its discretion, grant or refuse the application. At least ten (10) days' published notice of the hearing
<br />61"1"?, shall be given, setting forth the name of the applicant and the address of the premises to be licensed.
<br />63 B. Person and Premises Licensed; Transfer: Each license shall be issued only to the applicant and for the premises
<br />6,,l described in the application. No license may be transferred to another person or place without City Council approval.
<br />65 Before a transfer is approved, the transferee shall comply with the requirements for a new application. Any transfer of
<br />66 fifty percent (50%) or more of the stock of a corporate licensee is deemed a transfer of the license and a transfer of stock
<br />6 7 without prior City Council approval is a ground for revocation of the license. (Ord. 972, 5-13-198 )
<br />68 302.08: CONDITIONS OF LICENSE:
<br />Every license is subject to the conditions in the following subsections and all other provisions of this chapter and any other
<br />70 applicable ordinance, state law or regulation:
<br />7 1 A Licensee's Responsibility: Every licensee is responsible for the conduct of licensee's place of business and the
<br />conditions of sobriety and order in it. The act of any employee on the licensed premises, authorized to sell intoxicating
<br />'73 liquor there, is deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this
<br />T`,l chapter and the law equally with the employee.
<br />'75 B. Inspections: Every licensee shall allow any peace officer, health officer or properly designated officer or employee of
<br />'76 the city to enter, inspect and search the premises of the licensee during business hours without a warrant.
<br />77 C. Optional Manager and Server Training: Proven participation in this program will reduce licensee holder penalties for
<br />'78 failure of an alcohol sales compliance check. If this option is chosen, all licensees and their managers, and all
<br />employees or agents employed by the licensee that sell or serve alcohol, shall attend and satisfactorily complete a city
<br />approved or provided liquor licensee training program. The required training shall be completed:
<br />1. Prior to licensure or renewal for licensees and managers, or
<br />2. Prior to serving or selling for any employee or agent, and
<br />3. Every year thereafter unless probationary extension is granted for hardship reasons. (Ord. 124,3, 11-27-2000)
<br />302.13: OFF-SALE LICENSE REGULATIONS:
<br />85 In addition to the other requirements of state law or this chapter, the following regulations are applicable to off-sale
<br />86 intoxicating liquor licenses:
<br />A. Number of Licenses: The number of licenses which may be issued is ten (10).
<br />88 B . Use of License: If a license is not used within one year, the license shall automatically terminate.
<br />C.. Size of Premises: A licensed premises shall have at least one thousand six hundred (1,600) square feet of sales floor
<br />space including sales coolers and excluding walk-in storage coolers.
<br />D. Considerations: In addition to the other requirements of this chapter and applicable state law in determining whether or
<br />not to issue an off-sale license for a particular premises, the City Council shall consider all relevant factors relating to
<br />the health, safety and welfare of the citizens of the city such as, but not limited to, effect on market value of neighboring
<br />properties, proximity to churches and schools and effect on traffic and parking.
<br />E. Delivery of Alcoholic Beverages, Identification Required: A person authorized to serve, sell, or deliver alcoholic
<br />beverages must determine through legitimate proof of identification that all deliveries of wine, beer, and alcoholic
<br />9/,, 7 beverages are accepted only by eligible persons who are twenty one (2 1) years of age or older.
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<br />F. Delivery Records: Upon any delivery of alcoholic beverages off the licensed premises, the seller, purchaser, and
<br />delivery recipient if other than the purchaser) must sign an itemized purchase invoice. The invoice shall detail the time,
<br />100 date, and place of delivery. The licensee must retain the delivery records for a period of one year. The records shall be
<br />101 open to inspection by any police officer or other designated officer or employee of the city at any time. (Ord. 124,3, 11 -
<br />101"1"?, 27-2000)
<br />'M.S.A. §34,OA.4,02.
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