§ 10-32. Ineligible for license.

(a)

State law. No license shall be granted to or held by any person:

(1)

Made ineligible by state law;

(2)

Who is a person under 21 years of age;

(3)

Who is not a citizen of the United States or a resident alien;

(4)

Upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information;

(5)

Who has had a liquor 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 corporation licensee, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested;

(6)

Who is not of good moral character and repute;

(7)

Who has a direct or indirect interest in a manufacturer, brewer, or wholesaler; or

(8)

Who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcohol beverage and who cannot show competent evidence under M.S. § 364.03 of sufficient rehabilitation and present fitness to perform the duties of a licensee.

(b)

Manager required. No licenses shall be granted to a corporation that does not have an operating manager.

(c)

Real party in interest. No license shall be granted to a person who, in the judgment of the council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license.

(d)

Residency requirements. A license will not be renewed if, in the case of an individual, the licensee is not a resident of the state at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the state at the time of the renewal; or in the case of a corporation, if the operating manager is not a resident of the state at the time of the date of renewal. The time for establishing residency within the state may, for good cause, be extended by the council.

(e)

Delinquent taxes or charges. No license shall be granted for operation on any premises on which state, city or county taxes, assessments, or other financial claims of the state, city, or county are delinquent and unpaid. Notwithstanding the foregoing, if the delinquent taxes, assessments, or financial claims are against a landowner, and licensee is a tenant of landowner and has no financial interest in landowner, then the city council may, in its discretion, but shall not be required to, grant a license to an applicant so long as the applicant is not delinquent on any taxes, assessments, or financial claims as set forth herein.

(f)

Reserved.

(g)

Instructional program. No license or renewal license shall be issued to sell alcoholic beverages under this article unless an applicant or license holder has an approved program for instructing all employees at the business premises for which the license was issued, in the legal requirements pertaining to the sale of alcoholic beverages, including, but not limited to, reviewing the law on the sale of alcoholic beverages, providing information on the health risks of using alcoholic beverages, and requiring employees to request identification from every customer who appears to be under 27 years of age. No license shall be issued or renewed unless the applicant or license holder signs a city form attesting that each employee of the applicant or license holder has received training and instruction on the sale of alcoholic beverages and the date such training occurred. Training must be completed before an employee commences work in a licensed establishment and annually thereafter. The training shall include information that the sale of alcoholic beverages to minors is illegal, explains what proof of age is legally acceptable, and that a sale to a minor can subject the applicant or license holder and their employees to criminal liability.

(Ord. No. 299, § 1, 3-13-00; Ord. No. 618, § 3, 1-23-17)