ARTICLE II. Beer Licensing
[Adopted 10-14-1981 as Secs. 601.01 to 601.07 of the 1981 Kellogg City Code]
§ 120-10. Definitions.
As used in this article, the following terms shall have the meanings indicated:- BEER or NONINTOXICATION MALT LIQUOR
- Any malt beverage with an alcoholic content of more than 1/2 of 1% by volume and not more than 3.2% by weight.
- BEER STORE
- An establishment for the sale of beer, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail.
§ 120-11. License required.
A. Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the City without first having received a license as hereinafter provided. Licenses shall be of three kinds:
(1) Regular on-sale.
(2) Temporary on-sale.
(3) Off-sale.
B. Regular on-sale. Regular on-sale licenses shall be granted only to bona fide clubs, beer stores, exclusive on-sale liquor stores and restaurants where food is prepared and served for consumption on the premises. On-sale licenses shall permit the sale of beer for consumption on the premises only.
C. Temporary on-sale. Temporary on-sale licenses shall be granted only to bona fide clubs and charitable, religious, and nonprofit organizations for the sale of beer for consumption on the premises only.
D. Off-sale licenses shall permit the sale of beer at retail in the original package for consumption off the premises only.
§ 120-12. License applications.
Every application for a license to sell beer shall be made to the City Clerk/Treasurer on a form supplied by the City and containing such information as the Clerk/Treasurer or the City Council may require. It shall be unlawful to make any false statement in an application.§ 120-13. License fees.
A. Payment required. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the Treasurer shall refund the amount paid.
B. Expiration; pro rata fees. Every license except a temporary license shall expire on the last day of December in each year. Each license except a temporary license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the issue.
C. Fees.
(1) The annual fee for the regular on-sale license is $50.
(2) The annual fee for an off-sale license is $25.
(3) The fee for a temporary on-sale license $5 per day for residents and $25 per day for nonresidents of the City of Kellogg.
D. Refunds. No part of the fee paid for any license issued under this article shall be refunded except in the following instances upon application to the Council within 30 days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of:
(1) Destruction or damage of the licensed premises by fire or other catastrophe.
(2) The licensee's illness.
(3) The licensee's death.
(4) A change in the legal status of the municipality making it unlawful for the licensed business to continue.
§ 120-14. Granting of license.
A. Investigation and hearing. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the Council shall grant or refuse the application in its discretion.
B. Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the Council.
§ 120-15. Person ineligible for license.
No license shall be granted to or held by any person who:A. Is under 18 years of age;
B. Has, within five years prior to the application for such license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor or beer and cannot show competent evidence under Minn. Stat. § 364.03, of sufficient rehabilitation and present fitness to perform the duties of a beer licensee;
C. Is a manufacturer of beer or is interested in the control of any place where beer is manufactured;
D. Is an alien of the City;
E. Is not of good moral character;
F. Is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place; or
G. Is not the proprietor of the establishment for which the license is issued.