1.3. Relevancia
5.1.1. Motor Base
SECTION 6.01. ESTABLISHING A MUNICIPAL LIQUOR DISPENSARY Subdivision 1. Definition of Terms. As used in this Section, the terms:
(a) “Intoxicating Liquor” and “Liquor” means distilled, vinous and fermented beverages containing more than 3.2% of alcohol by weight.
(b) “Beer” means any malt beverage with an alcoholic content of more than ½ of 1% by volume and not more than 3.2 percent by weight.
(c) “On-Sale” means sale by the drink for consumption in the dispensary.
(d) “Off-Sale” means retail sale in the original package for consumption away from the dispensary. (e) “Sell” includes all barters, gifts, and other means of furnishing intoxicating liquor or beer in
violation or evasion of this Section.
(f) “Minors” means any person under the age of 21 years.
Subdivision 2. Dispensary Established. There is hereby established a municipal liquor dispensary for the on
and off sale of intoxicating liquors. No liquor may be sold at retail elsewhere in the City except that wine may be sold on sale by restaurants licensed under Section 6.06. No liquor may be sold at retail by anyone other than employees of the municipal liquor dispensary except that wine may be sold on sale by employees of restaurants licensed under Section 6.06. No person shall consume liquor in a public park, on a public street, or in any public place other than the dispensary except that wine may be consumed in a restaurant licensed under Section 6.06.
Subdivision 3. Location and Operation.
A. The dispensary shall be located at such suitable place in the City as the Council determine by motion. However, no premises upon which taxes or other public levies are delinquent shall be leased for dispensary purposes.
B. 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. He shall furnish a surety bond to the municipality, 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 manager in the discretion of the Council. The manager shall operate the dispensary under the Council’s direction 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 Section and with the laws relating to the sale of liquor and beer.
Subdivision 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 expenses shall be paid. Any amounts it may be necessary to borrow from the general fund of the City for initial costs of rent, fixtures, and stock or for operating expenses shall be reimbursed to that fund out of the first available monies coming into the dispensary fund thereafter. Surpluses accumulating in
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the dispensary fund may be transferrable to the general fund or to any other appropriate fund in the City by resolution of the Council and expended for any municipal purpose.
The handling of Municipal Liquor Dispensary receipts and disbursements shall comply with the procedure prescribed by law for the receipts and disbursement of City funds generally.
Subdivision 5. Hours of Operation.
. A. On-sale intoxicating liquor. No on-sale of intoxicating liquor may be made between 2:00 a.m. and 8:00 a.m. on the days Monday through Saturday, nor after 2:00 a.m. Sunday except pursuant to a Sunday license.
B.
Sunday licenses. On-sales pursuant to a Sunday license are permitted in conjunction with the sale of foodbetween 11:00 a.m. Sunday and 2:00 a.m. on Monday.
C.
Off-sale intoxicating liquor. No off-sale is permitted:(1)
On Sunday prior to 11:00 a.m. and after 6:00 p.m.”;(2)
Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;(3)
On Thanksgiving Day;(4)
On Christmas Day, December 25; or(5)
After 8:00 p.m. Christmas Eve, December 24.”2. This Ordinance shall be effective July 1, 2017 upon its passage and publication.
Subdivision 6. Conditions of Operation and Restrictions on Consumption.
A. The dispensary shall not have swinging doors. All windows in the front of the dispensary shall be clear glass and the public 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 to obstruct the general observation of any part of the dispensary room by persons in the room. However, partitions, subdivisions, or panels not higher than 48 inches from the floor shall not be constructed as such obstructions.
B. No business other than the sale of liquor shall be carried on in the dispensary except the retail sale of cigars, cigarettes, all forms of tobacco, beer, and soft drinks, both on-sale and off sale. C. No pool or billiard table shall be kept in any part of the dispensary.
D. No person shall keep, possess or operate in any part of the dispensary any slot machine, dice, or other gambling device or permit the same to be kept or used. No person shall gamble on such premises and no gambling of any character shall be permitted thereon.
E. No liquor or beer shall be sold on credit.
F. No minor shall be permitted to remain on the dispensary premises. G. No liquor or beer shall be sold or served to an intoxicated person.
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H. No minors shall misrepresent his age for the purpose of obtaining liquor or beer. I. No liquor or beer shall be sold or served to a minor, directly or indirectly. J. No person shall be permitted to loiter about the dispensary habitually. K. No person of a known immoral character and no disorderly person shall be
permitted on the dispensary premises.
L. The dispensary shall be inspected by the health officer of the City at least once a month and as many other times as he deems necessary to insure that the premises are maintained in a sanitary condition.
Subdivision 7. Enforcement and Penalty. It shall be the duty of all police officers and constable of the City to
enforce the provisions of this Section and to search premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be in violation of this Section, and to prepare the necessary processes and papers therefore. Any person violating any provision of this Section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00) or shall be imprisoned in the City lockup for not to exceed ninety (90) days, plus the costs of prosecution in either case. Provided, also, that any employee of the dispensary willfully violating the provision hereof or any provision of the laws of Minnesota relating to gambling or the sale of intoxicating liquor or beer shall be discharged.
SECTION 6.02. PROHIBITIONS ON POSSESSION OF ALCOHOL BEVERAGES. It shall be unlawful for any
person to consume, carry, transport, or have in his possession, any beverage containing alcohol in any amount, upon the public sidewalks, streets, alleys, lanes, park, playgrounds, or other public lands in the City of Medford, Minnesota, unless such beverage is in an unopened, sealed container. This prohibition may be waived from time to time by the City Council, or its designated representative, as shall be deemed advisable for specific occasions and events conducted upon public lands within the City of Medford.
SECTION 6.03. “ON-SALE” LIQUOR, REGULATION AND LICENSE PROVISIONS Subdivision 1. Definitions.
A. General. Unless the context clearly indicates otherwise, the words, combinations of words, terms and phrases, as used in this Section shall have the meanings set forth in the subdivisions of this Section which follow, and Chapter 340A of Minnesota Statutes.
B. “Restaurant” Defined. For purposes of this Section, “Restaurant” is an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and which has a seating capacity for guests of not less than thirty (30).
C. “Hotel” Defined. For purposes of this Section, a “Hotel” is defined as follows:
Hotel. “Hotel” is an establishment where food and lodging are regularly furnished to transients and which has:
(1) A resident proprietor or manager;
(2) A dining room serving the general public at tables and having facilities for seating at least thirty (30) guests at one time; and
(3) Guest rooms in the following minimum numbers: Twenty-five (25). A hotel is subject to the requirements of a restaurant provided under Subdivision 2. D. “Club” Defined. For purposes of this Section, a “Club” is defined as follows:
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Club. “Club” is an incorporated organization organized under the laws of the State for civic, fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans’ organization, which:
(1) Has more than fifty (50) members;
(2) Has owned or rented a building or space in a building for more than one (1) year that is suitable and adequate for the accommodation of its members;
(3) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
E. “Person” Defined. For purposes of this Section, a “person” is defined as any human being, any private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity. “Person” is specifically defined for purposes of the Section to exclude the City of Medford.
Subdivision 2. License Procedures – “On-Sale.”
A. General Requirements. No person, except a wholesaler or manufacturer to the extent authorized under State License, shall directly or indirectly deal in, sell or keep for sale in the City any intoxicating liquor without a license to do so as provided in this Section.
B. On-Sale Licenses. Private “on-sale” licenses shall be issued only to hotels, clubs, and restaurants and shall permit “on-sale” of liquor only.
C. Number of On-Sale Licenses. The authorized number of “on-sale” licenses for issuance shall be four (4).
Temporary Licenses. A temporary license for a period not to exceed three (3) days may be granted to a club or charitable, religious or other nonprofit organization in existence for at least three (3) years, in connection with a social event within the City of Medford, sponsored by the applying organization.
Qualified organizations applying for a temporary license must complete the prescribed application and submit it with the license fee and a certificate of liquor liability insurance in amounts equal to those prescribed in Subdivision 3.B., or, in the alternative, a contract with a previously licensed on-sale, intoxicating liquor licensee to sell to the general public, to cater and provide the serving of intoxicating liquors. The catering licensee must present a certificate extending the liquor liability insurance to the premises on which the social event is being held. No more than one (1) such temporary license will be allowed an organization in the course of any twelve (12) month span.
Each such application must be approved by the Minnesota Commissioner of Public Safety before becoming effective.
Subdivision 3. Application for License.
A. Form. Every application for a license to sell liquor shall state the name of the applicant, his age, representation as to his character, with such references as the Council may request, the type of license applied for, the business in connection with which the proposed license will operate and