city ordinances – chapter 5

ALCOHOLIC BEVERAGES LICENSING AND REGULATION

SEC. 5.01. DEFINITIONS

SEC. 5.01. DEFINITIONS. As used in this Chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated:

1. “Alcoholic Beverage” means any beverage containing more than one-half of one percent alcohol by volume, including, but not limited to, beer, wine, and liquor as defined in this Section.

2. “Applicant” means any person making an application for a license under this Chapter.

3. “Application” means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.

4. “Beer” means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. (This definition includes so-called “malt coolers” with the alcoholic content limits stated herein.)

5. “Brewer” means a person who manufactures beer for sale and may not have an ownership interest in a brewery licensed under Minnesota Statutes Section 340A.409, Subd. 6, clause (d).

Source: Ordinance 91, Series 5

Effective Date: 03/21/2013

6. “Club” means 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: (l) has more than fifty members; (2) has owned or rented a building or space in a building for more than one 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. Such club or congressionally chartered veterans’ organization must have been in existence for at least three years.

7. “Commissioner” means the Minnesota Commissioner of Public Safety.

8. “Hotel” means an establishment where food and lodging are regularly furnished to transients and which has: (1) a resident proprietor or manager; (2) a dining room with a total minimum floor area of 900 square feet, serving the general public at tables and having facilities for seating at least 75 guests at one time; and (3) at least ten guest rooms.

9. “License” means a document, issued by the City, to an applicant permitting him to carry on and transact the business stated therein.

10. “Licensee” means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the City for carrying on the business stated therein.

11. “License Fee” means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

12. “Licensed Premises” means the premises described in the issued license. In the case of a restaurant or a club licensed for on-sales of alcoholic beverages and located on a golf course “licensed premises” means the entire golf course except for areas where motor vehicles are regularly parked or operated.

Source: Ordinance No. 8, Series IV

Effective Date: 9-9-94

13. “Liquor” means ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. (This definition includes so-called “wine coolers” and “malt coolers” with the alcoholic content limits stated herein.)

14. “Malt Liquor” means any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume.

15. “Manufacturer” means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces alcoholic beverages for sale.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

16. “Minor” means any natural person who has not attained the age of 21 years.

Source: Ordinance No. 37, Series III

Effective Date: 2-7-92

17. “Off-Sale” means the sale of alcoholic beverages in original packages for consumption off the licensed premises only.

18. “On-Sale” means the sale of alcoholic beverages for consumption on the licensed premises only.

19. “Package” and “Original Package” mean any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.

20. “Restaurant” means 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 having seating capacity for at least 75 guests at any one time on a total minimum floor area of l,200 square feet.

21. “Sale”, “Sell” and “Sold” mean all barters and all manners or means of furnishing alcoholic beverages to persons, including such furnishing in violation or evasion of law.

22. “Wholesaler” means any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse.

23. “Wine” means a beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits, or honey, and also carbonated wine, wine made from condensed grape must, wine made from other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, containing not less than one-half of one percent nor more than fourteen percent alcohol by volume. (This definition includes so-called “wine coolers” with the alcoholic content limits stated herein.)

SEC. 5.02. APPLICATIONS AND LICENSES UNDER THIS CHAPTER - PROCEDURE AND ADMINISTRATION

SEC. 5.02. APPLICATIONS AND LICENSES UNDER THIS CHAPTER – PROCEDURE AND ADMINISTRATION.

Subd. 1. Application. All applications shall be made at the office of the City Administrator upon forms prescribed by the City, or if by the Commissioner, then together with such additional information as the Council may desire. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant.

Subd. 2. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof.

Subd. 3. Application and Investigation Fees. At the time of the initial application, or upon application for a transfer of an existing license, an applicant for a license under this Chapter shall pay an application and investigation fee, not refundable, to cover the costs of the City in processing the application and the investigation thereof. No such fee shall be required of an applicant for a temporary beer license. Should the Council determine that a comprehensive background investigation of an applicant for an on-sale liquor license is necessary, then the applicant shall pay to the City the actual cost thereof. If the Council determines that a comprehensive background and financial investigation of the applicant is necessary, the City may conduct the investigation itself or contract with the Department of Public Safety or some other person, agency or organization for the investigation. No license shall be issued, transferred or renewed if to do so may endanger the public health, safety or welfare.

Subd. 4. Action.

A. Hearing. In the event of denial of any application under this Chapter, the applicant may request a public hearing before the Council pursuant to notice to the applicant and the public. Opportunity shall be given all persons to be heard for or against granting the application and issuing the license.

B. Granting. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee, and if applicable, pay the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation.

C. Issuing. If an application is approved, the Administrator shall forthwith issue a license pursuant thereto in the form prescribed by the City or the Commissioner, as the case may be, and upon payment of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described.

D. License Refundment in Certain Cases. In the event that, during the license year, the licensed premises shall be destroyed or so damaged by fire, or otherwise, that the licensee shall cease to carry on the licensed business, or in case the business of the licensee shall cease by reason of his illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under his license, except when such license is revoked, the City shall, upon the happening of any such event, refund to the licensee, or to his estate, such part of the license fee paid by him as corresponds to the time such license had yet to run. In the event of death of the licensee, his personal representative is hereby authorized to continue operation of said business for not more than ninety days after the death of such licensee.

E. Transfer. A license shall be transferable between persons upon consent of the Council and payment of an investigation fee, if any. No license shall be transferable to a different location without prior consent of the Council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this Subparagraph.

F. Refusal and Termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation.

G. Revocation or Suspension. The Council shall revoke or suspend, for a period not to exceed sixty days, a license granted under the provisions of this Chapter, or impose a civil fine not to exceed $2,000.00, for each violation on a finding that the licensee has failed to comply with a statute, regulation or provision of the City Code relating to alcoholic beverages. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of beer, wine or liquor upon premises of the licensee, or if such revocation is mandatory by Statute. If it shall be made to appear at the hearing thereon that such violation was not willful, the Council may order suspension; provided that revocation shall be ordered upon the third such violation or offense. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation or suspension stated in the City Code or Statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of beer, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or, (4) that the activities of the licensee created a serious danger to public health, safety, or welfare.

H. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the Administrator in writing of any change in legal ownership, or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked thirty days after any such change in ownership or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council, or any officer of the City designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee.

I. Public Interest. No license under this Chapter may be issued, transferred, or renewed if the results of any investigation show, to the satisfaction of the Council, that such issuance, transfer, or renewal would not be in the public interest.

Subd. 5. Duplicate Licenses. Duplicates of all original licenses under this Chapter may be issued by the City Administrator without action by the Council, upon licensee’s affidavit that the original has been lost, and upon payment of a fee of $2.00 for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE.

Subd. 6. Posting. All licensees shall conspicuously post their licenses in their places of business.

Subd. 7. Resident Manager or Agent. Before a license is issued under this Chapter to an individual who is a non-resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the City as its manager or agent. Such resident manager or agent shall, by the terms of his written consent, (l) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be a resident of the City or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension.

Subd. 8. Persons Disqualified.

A. No license under this Chapter may be issued to: (1) a person not a citizen of the United States or a resident alien; (2) a person who within five years of the license application has been convicted of a willful violation of a Federal or State law, or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution, of alcoholic beverages; (3) a person who has had an alcoholic beverage license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; (4) a person under the age of twenty-one years; or, (5) a person not of good moral character and repute.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

B. No person holding a license from the Commissioner as a manufacturer, brewer or wholesaler may have a direct or indirect interest, in whole or in part, in a business holding an alcoholic beverage license from the City.

Source: Ordinance No. 37, Series III

Effective Date: 2-7-92

SEC. 5.03. RENEWAL OF LICENSES

SEC. 5.03. RENEWAL OF LICENSES. Applications for renewal of all licenses under this Chapter shall be made at least sixty (60) days prior to the date of expiration of the license, and shall contain such information as is required by the City. This time requirement may be waived by the Council for good and sufficient cause.

SEC. 5.04. DELINQUENT TAXES AND CHARGES

SEC. 5.04. DELINQUENT TAXES AND CHARGES. No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other financial claims of the City, are owed and are delinquent and unpaid.

SEC. 5.05. LIMITATION ON OWNERSHIP

SEC. 5.05. LIMITATION ON OWNERSHIP. No person shall be granted beer, liquor or wine licenses at more than one location. For the purpose of this Section, any person owning an interest of five percent, or more, of the entity to which the license is issued, or such ownership by a member of his immediate family, shall be deemed to be a licensee.

SEC. 5.06. CONDITIONAL LICENSES

SEC. 5.06. CONDITIONAL LICENSES. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place such special conditions and restrictions, in addition to those stated in this Chapter, upon any license as it, in its discretion, may deem reasonable and justified.

SEC. 5.07. PREMISES LICENSED

SEC. 5.07. PREMISES LICENSED. Unless expressly stated therein, a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure.

SEC. 5.08. CONDUCT ON LICENSED PREMISES.

SEC. 5.08. CONDUCT ON LICENSED PREMISES. Except as herein provided, every licensee under this Chapter shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order therein.

SEC. 5.09. SALE BY EMPLOYEE

SEC. 5.09. SALE BY EMPLOYEE. Any sale of an alcoholic beverage in or from any premises licensed under this Chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as of the person actually making the sale; and every such employer is liable to all of the penalties, except criminal penalties, provided by law for such sale, equally with the person actually making the sale.

SEC. 5.10. LICENSE CONDITION AND UNLAWFUL ACT

SEC. 5.10. LICENSE CONDITION AND UNLAWFUL ACT.

Subd. 1. All premises licensed under this Chapter shall at all times be open to inspection by any police officer to determine whether or not this Chapter and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection by such officers and without a warrant for searches or seizures.

Subd. 2. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police officer from making such inspection.

 

 

SEC. 5.11. MINORS AS DEFINED IN SECTION 5.01 - UNLAWFUL ACTS

SEC. 5.11. MINORS AS DEFINED IN SECTION 5.01 – UNLAWFUL ACTS.

Subd. 1. Consumption. It is unlawful for any:

A. Licensee to permit any minor to consume alcoholic beverages on licensed premises.

B. Minor to consume alcoholic beverages except in the household of the minor’s parent or guardian, and then only with the consent of such parent or guardian.

Subd. 2. Purchasing. It is unlawful for any:

A. Person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian.

B. Minor to purchase or attempt to purchase any alcoholic beverage.

C. Person to induce a minor to purchase or procure any alcoholic beverage.

Subd. 3. Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minor’s parent or guardian. Possession of an alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of his parent or guardian.

Subd. 4. Entering Licensed Premises. It is unlawful for any minor, as defined in this Chapter, to enter licensed premises or the municipal liquor store for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of eighteen years to enter licensed premises for the following purposes: (1) to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; (2) to consume meals; and (3) to attend social functions that are held in a portion of the establishment where liquor is not sold. It is unlawful for a licensee to permit a person under the age of eighteen years to enter licensed premises unless attending a social event at which alcoholic beverages are not served, or in the company of a parent or guardian.

Subd. 5. Misrepresentation of Age. It is unlawful for a minor to misrepresent his age for the purpose of purchasing an alcoholic beverage.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

Subd. 6. Proof of Age. Proof of age for purchasing or consuming alcoholic beverages can be established only by a valid driver’s license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; or by a valid military identification card issued by the United States Department of Defense; or in the case of a foreign national from a nation other than Canada, by a valid passport.

Source: Ordinance No. 8, Series IV

Effective Date: 9-9-94

 

 

SEC. 5.12. FIXING FEES

SEC. 5.12. FIXING FEES. All fees provided for in this Chapter, including, but not by way of limitation, license fees and investigation and administration fees, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may, from time-to-time, be amended by the Council by resolution. Provided, however, that before any such fee shall be increased, a 30-day notice shall be mailed to all affected licensees and a hearing held thereon. A copy of the resolution shall be kept on file in the office of the Administrator and open to inspection during regular business hours. For the purpose of fixing such fees, the Council may categorize and classify, provided, that such categorization and classification shall be included in the resolution authorized by this Section.

Source: Ordinance No. 37, Series III

Effective Date: 2-7-92

 

 

SEC. 5.13. FINANCIAL RESPONSIBILITY OF LICENSEES

SEC. 5.13. FINANCIAL RESPONSIBILITY OF LICENSEES.

Subd. 1. Proof. No alcoholic beverage license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility, imposed by Statute, by filing with the City:

A. A certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000.00 for loss of means of support of two or more persons in any one occurrence; an annual aggregate of $300,000.00 may be included in the insurance coverage; or,

B. A bond of a surety company with minimum coverages as provided in Subparagraph A of this Subdivision; or,

C. A certificate of the State Treasurer that the licensee has deposited with him $100,000.00 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000.00.

Subd. 2. Exception. This Section does not apply to on-sale beer licensees with sales of beer of less than $10,000.00 for the preceding year, nor to off-sale beer licensees with sales of beer of less than $20,000.00 for the preceding year, nor does it apply to holders of on-sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this Subdivision.

Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Commissioner.

 

 

 

 

 

SEC. 5.14. INSURANCE CERTIFICATE REQUIREMENTS

SEC. 5.14. INSURANCE CERTIFICATE REQUIREMENTS. Whenever an insurance certificate is required by this Chapter the applicant shall file with the Administrator a certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without thirty days’ written notice served upon the Administrator. Cancellation or termination of such coverage shall be grounds for license revocation.

SEC. 5.15. UNLAWFUL ACTS

SEC. 5.15. UNLAWFUL ACTS.

Subd. 1. Consumption. It is unlawful for any person to consume, or any licensee to permit consumption of, alcoholic beverages on licensed premises more than thirty (30) minutes after the hour when a sale thereof can legally be made.

Subd. 2. Closing. It is unlawful for any person, other than a licensee or his bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this Chapter more than thirty (30) minutes after the legal time for making licensed sales, unless the licensed establishment is open to the public for serving food.

SEC. 5.16. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON STREETS, PUBLIC PROPERTY, AND PRIVATE PARKING LOTS TO WHICH THE PUBLIC HAS ACCESS.

SEC. 5.16. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON STREETS, PUBLIC PROPERTY, AND PRIVATE PARKING LOTS TO WHICH THE PUBLIC HAS ACCESS.

Subd. 1.  It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any (1) City park, except that consumption and possession of beer shall be permitted in City parks in a quantity (not exceeding seven gallons) for individual or group consumption only, (2) street, (3) public property, or (4) private parking lot to which the public has access, except on such premises when and where permission has been specifically granted or licensed by the Council. Provided, that this Section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of such vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers.

Source: Ordinance No. 22, Second Series
Effective Date: 3-4-88

Subd. 2.           Exception for the Buffalo Days Street Dance.  A temporary beer license may be issued to the Chamber of Commerce to sell beer on one night per year for the Buffalo Days Street Dance.

A.        Beer sales and beer consumption will only be allowed in an area which shall be fenced in with a snow fence.

B.         The licensee shall hire an off-duty police officer approved by the Buffalo Police Department to provide security and crowd control on the licensed premises during the hours of sale.

C.        The licensee must provide proof of financial responsibility as set forth in Section 5.16 of the Buffalo City Code and the City of Buffalo will be named as an insured during the license period for sales at the Buffalo Days Street Dance.

Source: Ordinance No. 38, Series V
Effective Date: 05-16-2002
SEC. 5.17. ALCOHOLIC BEVERAGES IN CERTAIN BUILDINGS AND GROUNDS

SEC. 5.17. ALCOHOLIC BEVERAGES IN CERTAIN BUILDINGS AND GROUNDS. It is unlawful for any person to introduce upon, or have in his possession upon, or in any public elementary or secondary school grounds or buildings any alcoholic beverages, except for experiments in laboratories and except for those persons or organizations who have been issued temporary licenses to sell beer, and for any person to possess beer as a result of a purchase from those organizations holding temporary licenses.

Source: Ordinance No. 8, Series IV

Effective Date: 9-9-94

 

 

 

 

 

SEC. 5.18. ALCOHOLIC BEVERAGES - CERTAIN UNLAWFUL ACTS

SEC. 5.18. ALCOHOLIC BEVERAGES – CERTAIN UNLAWFUL ACTS. It is unlawful for any:

Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of an alcoholic beverage.

Subd. 2. Licensee to sell or serve an alcoholic beverage to any person who is obviously intoxicated.

Subd. 3. Licensee to fail, where doubt could exist, to require adequate proof of age of a person upon licensed premises.

Subd. 4. Licensee to sell an alcoholic beverage on any day, or during any hour, when such sales are not permitted by law.

Subd. 5. Licensee to allow consumption of an alcoholic beverage on licensed premises on any day, or during any hour, when such consumption is not permitted by law.

Subd. 6. Person to purchase an alcoholic beverage on any day, or during any hour, when such sales are not permitted by law.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

 

 

 

 

 

SEC. 5.30. BEER LICENSE REQUIRED

SEC. 5.30. BEER LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of beer, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding beer licenses from the City. Annual on-sale beer licenses may be issued only to drug stores, restaurants, hotels, bowling centers, clubs, and establishments used exclusively for the sale of beer with the incidental sale of tobacco and soft drinks. Any person licensed to sell liquor on-sale shall not be required to obtain an on-sale beer license, and may sell beer on-sale without an additional license.

 

 

 

 

SEC. 5.31. TEMPORARY BEER LICENSE

SEC. 5.31. TEMPORARY BEER LICENSE.

Subd. 1. Applicant. A club or charitable, religious, or non-profit organization, duly incorporated as a non-profit or religious corporation under the laws of the State of Minnesota, and having its registered office and principal place of activity within the City, shall qualify for a temporary on-sale beer license, for serving beer on school property or church property.

Subd. 2. Conditions.

A. An application for a temporary license shall be made by the school or church officials, and the application shall state the exact dates and place of proposed temporary sale.

B. No applicant shall qualify for a temporary license to exceed thirty (30) days.

C. The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary beer license on premises owned or controlled by the City. Any such license may be conditioned, qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $50,000.00 for injury to any one person and $100,000.00 for injury to more than one person, naming the City as an insured during the license period. Such license shall be issued only on the condition that the applicant will not sell in excess of $10,000.00 (retail value) worth of beer in any calendar year, and thereupon shall be exempt from proof of financial responsibility as provided for herein.

Subd. 3. Off-Duty Police Officer Required

The applicant shall hire an off-duty police officer approved by the Buffalo Police Department to provide security and crowd control on the licensed premises during the hours of sale.

Source:  Ordinance 40, Series V
Effective Date:  06-06-02

Subd. 4. Financial Responsibility

The applicant must provide proof of financial responsibility as set forth in Section 5.31 of the Buffalo City Code.

Source:  Ordinance 40, Series V
Effective Date:  06-06-02

 

 

 

 

SEC. 5.32. HOURS AND DAYS OF BEER SALES

SEC. 5.32. HOURS AND DAYS OF BEER SALES. No sale of beer shall be made between 2:00 o’clock A.M. and 8:00 o’clock A.M. on the days of Monday through Saturday, nor between 2:00 o’clock A.M. and 10:00 o’clock A.M. on Sunday.

Source: Ordinance No. 22, Second Series
Effective Date: 3-4-88
Source:  Ordinance No. 49, Series V
          Effective Date:  07-10-2003

 

 

 

 

SEC. 5.33. BREWER TAPROOM LICENSE

SEC. 5.33. BREWER TAPROOM LICENSE.

It is unlawful for a brewer, to sell on-sale malt liquor without a license therefore from the City. Annual on-sale brewer taproom licenses may be issued only to brewers who meet the requirements of this section.

A. A brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer.

B. A brewer may only have on brewer taproom license.

C. Licensed brewer taprooms may operate a restaurant on the presises without additional licensure.

D. A brewer taproom license may not be issued to a brewer if the brewer, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually.

Source: Ordinance No. 91, Series 5
Effective Date: 3-21-2013

 

 

 

 

SEC. 5.34. HOURS AND DAYS OF BREWER MALT LIQUOR SALES

SEC. 5.34. HOURS AND DAYS OF BREWER MALT LIQUOR SALES

No on-sale of malt liquor by a brewer shall be made between 2:00 o’clock A.M. and 8:00 o’clock A.M. on the days of Monday through Sunday.

Source: Ordinance No. 91, Series 5

Effective Date: 3-21-2013

Revision Date: 6-16-2014

 

 

 

 

 

SEC. 5.35. BREWER’S OFF-SALE LICENSE

SEC. 5.35.  BREWER’S OFF-SALE LICENSE

Subd. 1. The Council may issue a license for the off-sale of malt liquor to a brewer located within city limits.  No more than two (2) licenses shall be issued under this Section.  Applicants for the off-sale license must meet the following requirements:

(A)       be a licensed by the State of Minnesota as a manufacturer or wholesaler under Minn. Stat. 340A.301, Subd. 1, as amended;
(B)       manufacture fewer than 3,500 barrels of malt liquor in one year at any one licensed premises; or hold an on-sale restaurant license issued by the City; and
(C)       obtain the consent of the Commissioner of Public Safety to hold an off-sale license.

Subd. 2.  The off-sale licensee shall be subject to the following restrictions

(A)       off-sale shall be limited to 64 oz. containers known as “growlers” of malt liquor produced and packaged on the licensed premises which have been labeled and sealed in accordance with statutory specifications;
(B)       off-sale may not exceed 500 barrels per year;
(C)       total of on-sale and off-sale by the Brewer’s Off-Sale license holder cannot exceed 3500 barrels per year;
(D)       off-sale hours shall be limited to the hours of operation of the Municipal Dispensary.

Subd. 3.  It is unlawful for any brewer to sell malt liquor in violation of this Section.

2.   The annual license fee for a Brewer Off-Sale License as set forth in the City of Buffalo Fee Schedule shall be $250.00.

Source: Ordinance No. 95, Series 5
Effective Date: 5-30-2013

 

 

 

 

SEC. 5.50. LIQUOR LICENSE REQUIRED

SEC. 5.50. LIQUOR LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of liquor, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply (1) to such potable liquors as are intended for therapeutic purposes and not as a beverage, (2) to industrial alcohol and its compounds not prepared or used for beverage purposes, (3) to wine in the possession of a person duly licensed under this Chapter as an on-sale wine licensee, (4) to sales by manufacturers to wholesalers duly licensed as such by the Commissioner, or (5) to sales by wholesalers to persons holding liquor licenses from the City. The City may issue on-sale liquor licenses to hotels, restaurants, bowling centers and clubs (with the permission of the Commissioner), provided that liquor sales will be made only to members and bona fide guests. Any person licensed to sell liquor on-sale shall not be required to obtain an on-sale beer license, and may sell beer on-sale without an additional license.

Source: Ordinance No. 37, Series III

Effective Date: 2-7-92

 

 

 

 

SEC. 5.51. SUNDAY SALES

SEC. 5.51. SUNDAY SALES.

Subd. 1. License Required. The electorate of the City having heretofore authorized the same at a general or special election, a Sunday on-sale liquor license may be issued to hotels, restaurants, clubs, or bowling centers, in conjunction with the sale of food, which have on-sale liquor licenses and which also have seating capacity for not less than thirty guests at one time. Prior to issuance of such license, the applicant shall provide the City with proof of financial responsibility for Sunday sales.

Source: Ordinance No. 22, Second Series
Effective Date: 3-4-88

Subd. 2. Hours of Sale. The hours of Sunday on-sale liquor sales shall be from 10:00 o’clock A.M. on Sundays to 2:00 o’clock A.M. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act.

Source: Ordinance No. 8, Series IV
Effective Date: 9-9-94
Source: Ordinance No. 49, Series V
Effective Date: 07-10-2003

Subd. 3. Unlawful Acts. It is unlawful to sell liquor on Sunday unless such sales are (1) licensed in accordance with this Section, (2) in conjunction with the sale of food, and, (3) during hours of permitted sales.

SEC. 5.52. SPORTS OR CONVENTION FACILITIES LICENSE

SEC. 5.52. SPORTS OR CONVENTION FACILITIES LICENSE.

Subd. 1. The Council may authorize any holder of an on-sale liquor license issued by the City or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the City, or instrumentality thereof having independent policy-making and appropriating authority and located within the City. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the premises, and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto.

Subd. 2. Off-Duty Police Officer Required

The applicant shall hire an off-duty police officer approved by the Buffalo Police Department to provide security and crowd control on the licensed premises during the hours of sale.

Source:  Ordinance 40, Series V
Effective Date:  06-06-02

Subd. 3. Financial Responsibility.

The licensee must provide proof of financial responsibility as set forth in Section 5.52 of the Buffalo City Code and the City of Buffalo should be named as the insured during the license period for sales at the sports or convention facility.

Source:  Ordinance 40, Series V
Effective Date:  06-06-02
SEC. 5.53. TEMPORARY LIQUOR LICENSE

SEC. 5.53. TEMPORARY LIQUOR LICENSE.

Subd. 1. License Authorized. Notwithstanding any provision of the City Code to the contrary, the Council may issue a license for the temporary on-sale of liquor in connection with a social event sponsored by the licensee. Such license may provide that the licensee may contract with the holder of a full-year on-sale license, issued by the City, for liquor catering services.

Subd. 2. Applicant. The applicant for a license under this Section must be a club or charitable, religious, or other non-profit organization in existence for at least three years.

Subd. 3. Terms and Conditions of License.

A. No license is valid until approved by the Commissioner of Public Safety.

B. No license shall be issued for more than three consecutive days.

C. All licenses and licensees are subject to all provisions of statutes and the City Code relating to liquor sale and licensing except those relating to financial responsibility and insurance, and except those which by their nature are not applicable.

D. Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee.

Source: Ordinance No. 22, Second Series
Effective Date: 3-4-88

E. Except as indicated in Subd. 5, each license issued under this section will be subject to a Public Safety fee, which will be for the purpose of engaging additional Police Department presence during such events throughout the City. The amount of this fee shall be established by the City Council and amended from time to time as determined by the City Council. The established fee is a per day fee.

Source: Ordinance No. 78, Series 5
Effective Date: 5-28-2009

Subd. 4. Police Presence at alcohol sales events.

The Buffalo Police Department may provide security and crowd control on teh licensed premises during the hours of authorized sales.

The Chief of Police will be responsible for determining the type and level of staff to be allocated for these events. Sworn or non-sworn staff may be utilized for these purposes at the discretion of the C

Source: Ordinance No. 90, Series 5
Effective Date: 10-25-2012
Source: Ordinance No. 40, Series V
Effective Date: 6-6-2002
SEC. 5.54. HOURS AND DAYS OF LIQUOR SALES

SEC. 5.54. HOURS AND DAYS OF LIQUOR SALES. No sale of liquor shall be made between the hours of 2:00 o’clock A.M. and 8:00 o’clock A.M. on the days of Monday through Saturday, nor after 2:00 A.M. on Sundays, nor between the hours of 8:00 o’clock P.M. on December 24 and 8:00 o’clock A.M. on December 25. No off-sale shall be made on Sundays, nor before 8:00 o’clock A.M. or after 10:00 o’clock P.M. on Monday through Saturday, nor on Thanksgiving Day or Christmas Day, December 25. (NOTE: This Section does not prohibit sales during hours when on-sale is permitted on Sunday as stated in the Section of this Chapter entitled “Sunday Sales”.)

Source: Ordinance No. 8, Series IV
Effective Date: 9-9-94
Source: Ordinance No. 49, Series V
Effective Date: 07-10-2003
SEC. 5.60. ON-SALE WINE LICENSE REQUIRED

 SEC. 5.60. ON-SALE WINE LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of wine on-sale, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply (1) to sales by manufacturers to wholesalers duly licensed as such by the Commissioner, (2) to sales by wholesalers to persons holding on-sale or off-sale liquor licenses from the City, (3) to sales by wholesalers to persons holding on-sale wine licenses from the City, or (4) to sales by on-sale liquor licensees on days and during hours when on-sale liquor sales are permitted.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

 

 

 

Source:  Ordinance No. 6, Series IV

Effective Date:  9-9-94

SEC. 5.61. HOURS AND DAYS OF SALES BY ON-SALE WINE LICENSEES

SEC. 5.61. HOURS AND DAYS OF SALES BY ON-SALE WINE LICENSEES. No on-sale of wine shall be made between the hours of 2:00 o’clock A.M. and 10:00 o’clock A.M. on Sunday, nor between the hours of 2:00 o’clock A.M. and 8:00 o’clock A.M. on the days of Monday through Saturday, nor between the hours of 8:00 o’clock P.M. on December 24 and 8:00 o’clock A.M. on December 25.

Source: Ordinance No. 8, Series IV
Effective Date: 9-9-94
Source: Ordinance No. 49, Series V
Effective Date: 07-10-2003
SEC. 5.70. LIQUOR AND ON-SALE WINE LICENSE RESTRICTIONS, REGULATIONS AND UNLAWFUL ACTS

SEC. 5.70. LIQUOR AND ON-SALE WINE LICENSE RESTRICTIONS, REGULATIONS AND UNLAWFUL ACTS.

Subd. 1. (Repealed by Ordinance No. 18, Series III, adopted 11-6-89.)

Subd. 2. A license may not be issued to a person in connection with the premises of another to whom a license could not be issued under the provisions of this Chapter. This Subdivision does not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a non-citizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of this Chapter.

Subd. 3. No person under eighteen (18) years of age may serve or sell liquor or wine on licensed premises.

Subd. 4. On-sale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than 25 guests at one time.  A restaurant which holds both an on-sale wine license and an on-sale 3.2 beer license, and whose gross receipts are at least 60% attributable to the sale of food, may sell intoxicating malt liquor at on-sale without an additional license.  Intoxicating malt liquor is defined as any beer, ale, or other beverage made from malt by fermentation which contains more than 3.2 percent of alcohol by weight.

Source:  Ordinance 53, Series V
Effective Date:  09-11-03

Subd. 5. No more than one license shall be held by any person. For the purpose of this Subdivision, any person owning a beneficial interest of five percent, or more, of any licensed establishment shall be considered a licensee.

Subd. 6. The Council shall issue no more than twelve on-sale liquor licenses.

Source:  Ordinance 49, Series 5
Effective Date:  07-10-2003

Subd. 7. No on-sale liquor license shall be granted to any person which does not have invested or does not propose to invest in the fixtures and structure of the licensed establishment, exclusive of land, at least $100,000.00. The Council may provide for an independent appraisal, at the expense of the applicant, as an aid in determining such value. If this provision is not complied with within one (l) year from the date of issuance of the license, the same shall be grounds for refusal or revocation of the license. This provision shall not apply to a person who was a licensee on the effective date of this Subdivision, or to the heirs, assigns, or successors of such licensee, or to any subsequent addition, enlargement, or alteration of such licensed premises.

Subd. 8. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business.

SEC. 5.71. CLUB LICENSE RESTRICTIONS AND REGULATIONS, AND UNLAWFUL ACTS

SEC. 5.71. CLUB LICENSE RESTRICTIONS AND REGULATIONS, AND UNLAWFUL ACTS.

Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:

A. “Member” means any person in good standing according to rules and regulations of the licensed club, wherever located, having evidence of current membership upon his person.

B. “Guest” means a person not a member of the club but present on the club licensed premises in the company of a host member.

C. “Host Member” means a member who is entertaining a guest who is in the member’s company at all times such guest is on the licensed premises.

Subd. 2. Daily Register. In addition to all other general provisions, restrictions and regulations set forth in this Chapter, relating to beer or liquor licensees, as the case may be, all club licensees shall keep a daily register showing the names of guests present and the name of the host member. Such register shall be open to inspection by police officers at all times.

Subd. 3. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter relating to sales and purchases of beer or liquor, as the case may be:

A. It is unlawful for a club licensee to sell liquor or beer to any person not a member, or a bona fide guest of a member, of the licensed club.

B. It is unlawful for any club licensee to serve beer or liquor to any non-member of the licensed club unless such non-member is a guest.

C. It is unlawful for any person who is not a member, or a bona fide guest of a member, of the licensed club to purchase liquor or beer from the club.

D. It is unlawful for any club licensee to hinder or prevent a police officer from determining compliance with this Section and Chapter, and all other laws.

E. It is unlawful for any person to refuse, upon request of a licensee or police officer, to provide information as to whether he or she is a member, guest or host member, or to give false, fraudulent or misleading information in response to such request.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

SEC. 5.80. MUNICIPAL DISPENSARY

SEC. 5.80. MUNICIPAL DISPENSARY.

Subd. 1. Establishment. A Municipal Dispensary is hereby established to be operated within the City for the sale of alcoholic beverages. Such Dispensary shall be at such place or places as the Council shall determine and may be either leased or owned by the City. It shall be in the charge of a person known as the Manager who shall have such assistants as may be necessary. All employees, including the Manager, shall hold their positions at the pleasure of the Council.

Subd. 2. Dispensary Fund. A Liquor Dispensary Fund is hereby created into which all revenues received from the operation of the Dispensary shall be paid, and from which all operating expenses shall be paid. Any surplus accumulating in this Fund may, from time to time, be transferred to the General Fund by resolution of the Council, and expended for any municipal purpose.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

SEC. 5.85. CONSUMPTION AND DISPLAY

SEC. 5.85. CONSUMPTION AND DISPLAY.

Subd. 1. Consumption and Display License Required. It is unlawful for any business establishment or club, not holding an on-sale liquor license to directly or indirectly, or on any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of any liquid for the purpose of mixing the same with liquor, or permit its members to bring and keep a personal supply of liquor in lockers assigned to such members, without a license therefor from the City.

Subd. 2. Consumption and Display Restrictions and Regulations.

A. Eligible Licensees. If the applicant is otherwise eligible, licenses may be issued only to (1) persons who have not, within five years prior to application, been convicted of a felony or of violating provisions of this Chapter or other law relating to the sale or furnishing of alcoholic beverages; (2) a restaurant; (3) a hotel; (4) a beer licensee; (5) a resort as defined by statute; or, (6) a club or an unincorporated club otherwise meeting the definition of a club, provided, that no license may be issued to a club holding an on-sale liquor license.

B. Unlawful Act. It is unlawful to sell liquor on licensed premises.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

C. License Expiration. In order to coordinate the expiration of a consumption and display license with a State permit, all licenses shall expire on March 31 of each year.

Source: Ordinance No. 37, Series III

Effective Date: 2-7-92

D. State Permit Required. Licenses shall be issued only to holders of a consumption and display permit from the Commissioner.

E. Lockers. A club to which a license is issued under this Section may allow members to bring and keep a personal supply of liquor in lockers on the club’s premises. All bottles kept on the premises must have attached labels signed by the member. No minor may keep a supply of liquor on club premises.

F. Hours and Days. No licensee may permit a person to consume or display liquor, and no person may consume or display liquor, between l:00 o’clock A.M. and 12:00 o’clock noon on Sundays, and between l:00 o’clock A.M. and 8:00 o’clock A.M. on Monday through Saturday.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

SEC. 5.99. VIOLATION A MISDEMEANOR

SEC. 5.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.

Source: Ordinance No. 22, Second Series

Effective Date: 3-4-88

Contact Us

We're not around right now. But you can send us an email and we'll get back to you, asap.