§ 1202.07. License Eligibility.

Subdivision 1. Ineligible person. No license may be granted to or held by:

(a)

Any person who is ineligible for a license under State law;

(b)

Any person who is under the age of 21 years of age;

(c)

Any person who is not of good moral character and repute;

(d)

Any person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five (5) 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 (5) percent of the capital stock of a corporation 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;

(e)

Any person who, within five (5) years of the license application, has been convicted of a felony or any willful violation of a Federal or State law or local ordinance, governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage, or whose liquor license has been revoked for any willful violation of any such laws or ordinances;

(f)

Any person who has a direct or indirect interest in a manufacturer, brewer or wholesaler;

(g)

Any person who is directly or indirectly interested in any other establishment in the City to which a license has been issued under this chapter; the term "interested" as used in this paragraph means and includes any pecuniary interest in the ownership, operation, management or profits of such an establishment;

(h)

Any person who is the spouse of a person ineligible for a license under this section; and

(i)

Any person who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license.

Subd. 2. Ineligible places. No license shall be granted to or held by:

(a)

Any premises upon which taxes or assessments or other financial claims of the City or of the State are due, delinquent and unpaid. The City Council may, upon request by the applicant or licensee, waive strict compliance with this provision if the applicant or licensee has contested their tax liabilities or other financial claims through a process permitted by Federal or State regulations or by City ordinance; or is working out debt problems under the supervision of a bankruptcy court or pursuant to some other formal agreement. No waiver may be granted, however, if taxes or any portion thereof, remain unpaid for a period exceeding one (1) year after becoming due; or

(b)

Any premises owned by a person who is ineligible under this chapter. Premises are not disqualified if the sole basis for disqualification is that the owner is a minor; or

(c)

With respect to an on-sale intoxicating liquor license, any premises that has a common entrance or exit between the area in which intoxicating liquor will be sold and any other business or establishment. A public concourse or lobby shall not be construed as a common entrance or exit for purposes of this subsection. (Added, Bill No. 2008-8)

Subd. 3. Specific entities.

(a)

Corporations. A corporation is ineligible for a license or a license renewal if any of its officers or managers are ineligible for a license under this subsection.

(b)

Restaurants. An on-sale intoxicating liquor license may not be granted to a restaurant which does not have a total market value, including land and buildings, of at least $600,000.00. (Amended, Bill 2009-2)

(c)

Hotels. A license may not be granted to a hotel which does not have a total market value, including land and buildings, of at least $1,000,000.00.

(d)

Veterans organization or club. A veterans organization or club that does not limit access to the organization's facilities to members and their bona fide guests is not eligible for a license.