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Chapter 4 – Alcoholic Beverages

July 29, 2022

Last updated July, 2022

Articles:             

4.ED       Editor’s note to Chapter 4

4.04        In General

4.08        Licenses.

Article 4.ED Editor’s note to Chapter 4

Sections:

4.ED.010               Editor’s note to Chapter 4

Section 4.ED.010       Editor’s note to Chapter 4

            As to driving under influence of liquor, see § 20.76.010 of this Code. As to intoxication or drunkenness generally, see § 25.16.08.040. As to use, possession, etc., of controlled substances, see § 25.16.12.130.

Article 4.04 In General

Sections:

4.04.00E               Editor’s note to Article 4.04

4.04.010               Definitions

4.04.020               Territorial jurisdiction of chapter

4.04.030               Enforcement of chapter – REPEALED

4.04.040               Minors–Employment by establishments having on-sale license

4.04.050               Conduct on premises where sale permitted

4.04.060               Nudity, semi nudity and sexually explicit acts prohibited

4.04.070               Sale, consumption, etc. on streets, public ways, etc.

4.04.080               Sale to certain persons

4.04.090               Prohibited hours and days of sale

4.04.100               Purchases on certain days

4.04.110               Drive-in and walk-up facilities

4.04.120               Toilet requirements for on-sale premises

4.04.130               Sale of alcoholic beverages prohibited after certain hours

4.04.140               Credit sales – REPEALED

4.04.150               Side rooms, booths, etc., on premises where beverages are sold – REPEALED

4.04.160               Sale of beer in kegs; records and marking required

Section 4.04.00E        Editor’s note to Article 4.04

            For state law as to alcoholic beverages generally, see NDCC, § 5-01-01 et seq. As to authority of city to regulate and license alcoholic beverages generally, see NDCC, §§ 5-02-09, 40-05-01.

Section 4.04.010         Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

            Alcoholic Beverages. Any liquid suitable for drinking by human beings which contains one-half of one percent or more of alcohol by volume and shall include, but is not necessarily limited to, any whiskey, rum, beer, hard cider and wine. It shall be presumed, for purposes of this chapter, that any such beverages contain more than one-half percent of alcohol by volume.

                        For similar state law, see NDCC, § 5-01-01.

Barrel of Beer. A cylindrical container used for holding beer not to exceed 32 gallons of beer.

Beer. Any malt beverage containing more than 1/2 of 1% of alcohol by volume.

Brewer Taproom. A brewer which brews 25,000 barrels or fewer of beer per year and produced or manufactured on the licensed premises for consumption on or off the premises, or serves beer produced or manufactured on the premises for purposes of sampling the beer.

Growler. A sealed aluminum can not to exceed 32 ounces that is filled with beer and sealed on site for the sole purpose of off-premises consumption.

Distilled Spirits. Any alcoholic beverage that is not beer, wine, or sparkling wine.

Domestic Distillery. An operation located within the State of North Dakota in which the owner or operator produces distilled spirits in accordance with the provisions of N.D.C.C. § 5-01-19.

Domestic Winery. An operation located within the State of North Dakota in which the owner or operator produces wine in accordance with the provisions of N.D.C.C. § 5-01-17.

Gas Station. An establishment beside a road selling fuel for motor vehicles.

Growler. A sealed container not to exceed 64 ounces that is filled with beer and sealed on site for the sole purpose of off-premises consumption. At the time of sale, the container shall be sealed with a paper or plastic adhesive band, strip, or sleeve which is applied over the top of the twist-type closure, cork, stopper, or plug in such a manner that the seal must be broken in order to open the container. The adhesive band, strip, or sleeve shall either (a) bear the name and address of the licensee-seller, or (b) have the sales receipt attached to the container. The sale of growlers in compliance with this chapter is authorized only for general microbrewery licensees approved to sell alcoholic beverages both on-sale and off-sale. The filling of growlers shall not constitute the breaking of a package, as defined in this chapter. The sale of a filled growler shall be considered off-sale. A growler with a broken seal shall be considered an open container for the purposes of N.D.C.C. § 39-08-18.

            Hotel or Motel License. A license issued to the owner or lessee of any hotel or motel containing seventy-five or more rental units in one contiguous area.

            Licensed premises.  All areas or spaces where alcoholic beverages are sold, served or dispensed as identified in the comprehensive site drawing required in the application for a license under this Chapter.  The licensed premises may be located in two buildings, but all portions of the licensed premises must be contiguous.  Any licensee whose licensed premises was located in more than one noncontiguous building as of January 1, 2005 may continue to operate in such buildings, provided that, if either building ceases to be a portion of the licensed premises at any time, the licensed premises thereafter must comply with the current definition of licensed premises.

            Liquor. Any alcoholic beverage except beer.

            Lodge or Club. Any corporation or association organized for civic, fraternal, social or business purposes or the promotion of sports, which has at least two hundred members at the time the license is applied for and was in existence at the time of the adoption of the Liquor Control Act of the state. The effective date of the adoption of the Liquor Control Act of the state is defined and determined to be December 3, 1936.

            Microbrewery Pub License. A brewer which brews 10,000 or fewer barrels of beer per year and sells beer produced or manufactured on the licensed premises for consumption on or off the premises, or serves beer produced or manufactured on the premises for purposes of sampling the beer

                        Minor.  A person under twenty-one years of age.

            Off-Sale. The sale of intoxicating beverages in original packages for consumption off or away from the premises where sold.

            On-Sale. The sale of any alcoholic drinks for consumption on the premises where sold. An on-sale license shall authorize the person named therein to conduct such sales at the place designated in such license and not elsewhere. An on-sale license issued pursuant to the provisions of this chapter shall permit off-sales of liquor under the terms and conditions set forth therein.

            On/off Sale License.  A license issued to the owner or lessee of an establishment, which shall authorize the person named therein to sell alcoholic beverages for consumption either on or off the premises on which it is sold.

            Package and Original Package. Any container or receptacle holding alcoholic beverages which is corked or sealed by the manufacturer and which cork or seal has not been removed or broken prior to the sale of such package to the purchaser.

            Person. Any of the following: Any individual who is a bona fide resident and a citizen of the state; any domestic, private or municipal corporation organized and existing under the laws of the state; any limited liability company organized and existing under the laws of the state; and partnership, all of whose members are bona fide residents in and citizens of the state; or any lodge or club existing as defined in this section and maintaining its main lodge or club rooms within the city. No foreign corporation shall be considered a person for purposes of this chapter, nor shall any foreign corporation be entitled to a license under this chapter.

            Qualified Alcoholic Beverage Licensee.  Unless the context otherwise indicates, means a commercial establishment that is licensed to engage in the sale of alcoholic beverages, and which has paid and continues to pay the city Hospitality tax under section 35.125 of this Code.  A commercial establishment licensed to engage in the sale of alcoholic beverages that is not required to pay the Hospitality tax may voluntarily pay the tax to become a qualified alcoholic beverage licensee.  A commercial establishment shall be considered to have paid the tax upon its first payment of said tax to the State Tax Department.  Failure to continuously pay the tax will void the remaining term of the permit and the licensee will be ineligible for reinstatement until it has continuously paid the tax for a period of 12 months.  Said licensee, upon request of the City, shall provide sufficient proof of payment of the tax.

            Restaurant.  An establishment having sufficient dining areas, commercial kitchen and complete food service facilities to adequately serve its patrons, and for which gross sales of food are equal to or greater than gross sales of alcoholic beverages.

            Restaurant License. A license issued to the owner or lessee of any restaurant.

            Retailer. Any person engaged in the sale and distribution of alcoholic beverages of any type under any type of license, except a wholesale license.

            Sale and Sell. Any transfer, exchange or barter in any manner or by any means whatsoever for an amount of money or its equivalent, including all sales made by any person, whether as principal proprietor, agent, servant or employee.

            Sell at Retail or Sale at Retail. A sale to a consumer for use or consumption and not for the purpose of resale in any form.

            Sparkling Wine. Wine made effervescent with carbon dioxide.

            Sunday Opening Permit.  A permit awarded to qualified alcoholic beverage licensees in accordance with Section 35.125 of this Code, which permits the licensee to open for business on Sundays.

            Wholesaler. Any persons engaged in the sale and distribution of alcoholic beverages at wholesale to persons holding a retail license for the sale and distribution of alcoholic beverages within the State or in interstate commerce.

            Wine. The alcoholic beverage obtained by fermentation of agricultural products containing natural or added sugar or such beverage fortified with brandy and containing not more than 24% alcohol by volume. (Ord. No. 396; Ord. No. 456, § 3-1; Ord. No. 701, § 1; Ord. No. 832, § 2; Ord. No. 1106, § 1; Ord. No. 1113, § 1; Ord. No. 1184 § 1; Ord. No. 1298 §1; Ord. No. 1327 §1.; Ord. No. 1608 §1; Ord. No. 1654 §1; Ord. No. 1664 §1; Ord. No. 1635 §1; Ord. No. 1733 § 1)

Section 4.04.020         Territorial jurisdiction of chapter

            This chapter shall apply to all territory within the corporate limits of the city and to such outlying, contiguous territory without the corporate limits within which this city may exercise police jurisdiction as defined by law. (Ord. No. 396.)

Section 4.04.030         Enforcement of chapter – REPEALED

            This section was repealed with passage of Ordinance No. 1298 dated July 5, 2005.

Section 4.04.040         Minors–Employment by establishments having on-sale license

Any licensee who dispenses alcoholic beverages to a person under twenty-one years of age or who permits such a person to remain on the licensed premises while alcoholic beverages are being sold or displayed is guilty of a class B misdemeanor, subject to the provisions of Article 25.16 of this Code. Any person under twenty-one years of age may remain:

  • in a restaurant where, alcoholic beverages are being sold, if accompanied by a parent or legal guardian,
    • in a restaurant where that person is employed by the restaurant as a food waiter, waitress, or server, busboy or busgirl, provided that such person is at least eighteen years of age, and under the direct supervision of a person over twenty-one years of age, and such person is not engaged in the sale, dispensing, or consumption of alcoholic beverages,
    • in a restaurant where, alcoholic beverages are being sold if the seating is separated from the area in which alcoholic beverages are opened or mixed,
    • in an area of a site where beer, wine or sparkling wine is sold in accordance with the conditions of an event permit issued pursuant to Section 4.08.270,
    • any person who is nineteen years of age or older but under twenty-one years of age may be employed by the restaurant to serve and collect money for alcoholic beverages, if the person is under the direct supervision of a person twenty-one or more years of age, but may not be engaged in mixing, dispensing or consuming alcoholic beverages,
    • in any establishment where, alcoholic beverages are sold may employ persons from eighteen to twenty-one years of age to work in the capacity of musicians under the direct supervision of a person over twenty-one years of age,
    • if the person is an independent contractor or the independent contractor’s employee engaged in contract work and is not engaged in selling, dispensing, delivering, or consuming alcoholic beverages,
    • if the person is a law enforcement officer or other public official who enters the premises in the performance of official duty, or
    • if the person enters the premises for training, education, or research purposes under the supervision of a person twenty-one or more years of age with prior notification of the local licensing authority.

Ord. No. 396; Ord. No. 647, § 2; Ord. No. 987, § 1; Ord. No. 1188, § 1; Ord. No. 1298 § 3; Ord. No. 1642 § 1)

For state law as to employment of minor in restaurant where alcoholic beverages are being sold, see NDCC, § 5-02-06.

Section 4.04.050         Conduct on premises where sale permitted

            Every person holding a license to sell alcoholic beverages shall be responsible for the conduct in his place of business and shall maintain order and sobriety in such place. (Ord. No. 396.)

Section 4.04.060         Nudity, seminudity and sexually explicit acts prohibited

(a)        No person who is within or upon premises which are licensed under this chapter shall knowingly omit to cover securely with an opaque covering the following portions of his or her anatomy:

            (1)        the nipples;

            (2)        the pubes;

            (3)        the cleavage between the buttocks; and

            (4)        the genitals.

(b)        No person while upon or within premises licensed under this chapter shall perform or simulate acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or shall perform or simulate the touching, caressing or fondling of breasts, buttocks, anus or genitals.

(c)        Premises licensed under this chapter for the purposes of this section shall include any area or room under control of the licensee, or as to which he has the lawful right to assert control, whether control is exercised or not:

(1)        in which or in any portion of which alcoholic beverages are stored, mixed, prepared, opened, served or consumed as an incident of the business operation of the licensee carried on pursuant to the license; or

(2)        the interior of which his visible from an area or room described in subparagraph (1) but only while its interior is so visible.

             (Ord. No. 922, 1; Ord. No. 1298 §4.)

Section 4.04.070         Sale, consumption, etc. on streets, public ways, etc.

            Unless authorized by Event Alcoholic Beverage Permit the sale, serving, possession, or consumption of any alcoholic beverage upon or across any street, alley or public way is hereby prohibited.  A person who violates this section shall be guilty of an infraction and sentenced accordingly.  (Ord. No. 396; Ord. No. 950, § 1; Ord. No. 1176, § 8; Ord. No. 1184 § 2.)

Section 4.04.080         Sale to certain persons

            No licensee under this chapter nor any of his agents, servants or employees shall sell, serve or dispense in any manner any alcoholic beverage to any habitual drunkard, intoxicated person, incompetent person under guardianship or to any person under twenty-one years of age. No such licensee shall permit any of such persons to be furnished with any type of alcoholic beverage on the premises for which such license is granted.

            Whosoever shall in any way procure or furnish any alcoholic beverage for the use of any person named in this section shall be deemed to have sold the same to such person and to have violated the terms and conditions of this section. (Ord. No. 3906.)

            For similar state laws, see NDCC, § 5-01-09.

Section 4.04.090         Prohibited hours and days of sale

            A person may not dispense or permit the consumption of alcoholic beverages on licensed premises between 1:00 A.M. and 11:00 A.M. on Sundays; between the hours of 1:00 A.M. and 8:00 A.M. on all other days of the week; on Christmas Day, or after 6:00 P.M. on Christmas Eve.  In addition, a person may not provide off-sale after 1:00 A.M. on Thanksgiving Day.  (Ord. No. 396; Ord. No. 425, § 1; Ord. No. 515, § 1; Ord. No. 987, § 2; Ord. No. 1020, § 1; Ord. No. 1075, § 1; Ord. No. 1088, § 1; Ord. No. 1298 § 5, Ord. No. 1594 § 1)

            For state laws as to hours of sale, see NDCC, § 5-02-05.4.08.030

Section 4.04.100         Purchases on certain days

            It shall be unlawful for any person to purchase or seek to purchase any beer, liquor or any form of alcoholic beverage within the city at any time or any day when such purchases are prohibited by state law. (Ord. No. 396; Ord. No. 425, § 2; Ord. No. 515, § 2.)

            For state laws as to sale of alcoholic beverages on certain days, see IVDCC, § 5-02-05.

Section 4.04.110         Drive-in and walk-up facilities

            It is hereby declared to be unlawful on or after January 1, 1978, for any person holding any license for the sale of alcoholic beverages within the city to maintain or operate any walk-up or drive-in facility for the sale, dispensing or delivery of any alcoholic beverage. (Ord. No. 396; Ord. No. 701, § 3.)

Section 4.04.120         Toilet requirements for on-sale premises

            The premises where any on-sale license is granted for the sale of any alcoholic beverages must be equipped with adequate and sufficient lavatories and toilets separately maintained for men and women and kept in a clean and sanitary condition. (Ord. No. 396.)

            For state law as to authority of city to establish health standards for licensed premises, see NDCC, § 5-02-09.

Section 4.04.130         Sale of alcoholic beverages prohibited after certain hours

            No alcoholic beverage licensee or any of his agents or employees shall allow any on-sale alcoholic beverages to be sold after 12:45 A.M. Sales of on-sale alcoholic beverages shall cease and be prohibited from and after 12:45 A.M. This restriction is additional to any restrictions and prohibitions now required by state law. (Ord. No. 711, § 1; Ord. No. 836, § 1; Ord. No. 987, § 3.)

Section 4.04.140         Credit sales – REPEALED

            This section was repealed with Ordinance No. 1298 § 5 approved July 5, 2005.

Section 4.04.150         Side rooms, booths, etc., on premises where beverages are sold – REPEALED

            This section was repealed with Ordinance No. 1298 § 7 approved July 5, 2005.

Section 4.04.160         Sale of beer in kegs; records and marking required

(a)        A retail licensee selling beer in a container having a liquid capacity greater than six gallons (22.71 liters) shall place a distinctive symbol, notation or mark on the container which uniquely identifies him/her, and moreover, shall mark such container with a “registration” number or letters, or both, unique to that container. The paint or ink used to mark the containers or other manner of marking the containers must be approved by the attorney general.

(b)        Whenever a retail licensee sells beer in a container with a liquid capacity greater than six gallons (22.71 liters), he/she shall record the date of sale and the name, address, driver’s license number or number of other official state or military identification card of the person to whom the beer is sold, together with the signature, and registration number or letters of the container, or both. Such records must be retained for a period of no less than six months and must be kept on the licensed premises of the retail establishment where the sales are made.

(c)        Each retail licensee shall register his or her unique identification symbol, notation or mark with the attorney general and shall permit any law enforcement officer to inspect the records required to be kept pursuant to this section during times the retail establishment is normally open for business or at other reasonable times.

(d)       This section shall not apply to the sale of beer in a container by a retail licensee if the contents of the container are consumed on the licensed premises where the sale occurred. (Ord. No. 851, § 1; Ord. No. 987, § 4.)

Article 4.08 Licenses.

Sections:

4.08.010               Eligible persons

4.08.020               License Required

4.08.030               License – Classes

4.08.040          Repealed by 1184

4.08.060               License Requirements – Limitation on number; issuance generally; renewal

4.08.065          Addition of On/Off Sale License – Procedure for Granting

4.08.070               License Applications

4.08.075               License Renewals

4.08.080               Term; fees

4.08.090               Wholesale

4.08.100               Licensee to be owner of business

4.08.110               Premises near churches or schools

4.08.120               Number per person

4.08.130               Identification number and record; display

4.08.140               Issuance to certain persons prohibited–Minors or immoral persons – REPEALED

4.08.150               Restrictions on issuance to lodge or club

4.08.160          Repealed by 1184

4.08.170               Issuance or refusal generally

4.08.180               Approval of applications by city commission

4.08.190               Majority vote by city commission required for issuance

4.08.200               Change in location of licensed premises

4.08.210               Transfer of On/Off Sale Licenses

4.08.220               Transfer of ownership of business – REPEALED

4.08.230               Payment, proration and refund of fees

4.08.240               Revocation and suspension by city commission

4.08.250               Same–Effect on imposition of other penalties

4.08.260          Repealed by 1184

4.08.270               Special event alcoholic beverage permit

4.08.275          Restricted special event alcoholic beverage permit

4.08.280               Sunday alcoholic beverage permit

Section 4.08.010         Eligible persons

No license shall be issued under the provisions of this Chapter to any applicant, except as follows:

(1)       If the applicant is an individual, such individual must be at least 21 years of age, a legal resident of the United States, a legal resident of the State of North Dakota, and must establish residency in Stark County within three months of the issuance of the license.

(2)       If the applicant is a partnership, all such partners must be at least 21 years of age, legal residents of the United States, legal residents of the State of North Dakota, and must establish residency in Stark County within three months of the issuance of the license. 

(3)       If the applicant is a corporation or other limited liability entity, the designated manager of the licensed premises must be at least 21 years of age, a legal resident of the United States, a legal resident of the State of North Dakota, and must establish residency in Stark County within three months of the issuance of the license. (Ord. No. 1492 §1)

Section 4.08.020         License Required

It shall be unlawful for any person to sell, exchange, dispose of or keep for sale any alcoholic beverage within the city without first obtaining a license for the sale thereof from the city. Persons violating this section shall be guilty of a Class A misdemeanor.  (Ord. No. 396; Ord. No. 1298 § 9, Ord. No. 1492 §1)

            For state law requiring both state and local licenses, see NDCC, § 5-02-01.

Section 4.08.030         License – Classes

The City may issue the following licenses for the retail sale of alcoholic beverages:

(a)        On/Off-Sale License.

            (b)        Lodge or Club License.

            (c)        Motel or Hotel License.

            (d)       Restaurant On-Sale License.

            (e)        Military Club Beer and Wine License.

            (f)        Microbrewery Pub License.

            (g)        Beer and Wine Concession License.

            (h)        Distillery License.

            (i)         Brewer Taproom License.

            (j)         Domestic Winery License.

            (k)        Beer Only On-Sale License

            (l)         Beer and Wine Only On-Sale License.

(Ord. No. 396; Ord. No. 456, § 3-4; Ord. No. 832, § 1; Ord. No. 969, § 1; Ord. No. 1106, § 3; Ord. No. 1184 § 3; Ord. 1232 § 1; Ord. No. 1298 § 10, Ord. No. 1492 §1; Ord. No. 1589 §1; Ord. No. 1649 §; Ord. No. 1654 §2; Ord. No. 1664 §2; Ord. No. 1733 §2)

 

Section 4.08.060         License Requirements

The Board of City Commissioners hereby finds that in order to ensure compliance by all licensees with all applicable federal, states, and city laws, ordinances, and regulations, and in order to adequately police establishments engaged in the retail sale of alcoholic beverages, and in order to promote the public welfare, it is necessary and proper to limit the number of certain classes of licenses, as provided herein, pursuant to the City’s police powers and the authority granted by Title 5 of the North Dakota Century Code. 

(a)        On/Off Sales License

The City may grant an “on/off sale license”, which authorizes the licensee to sell beer and/or intoxicating liquor at retail for consumption on and off the licensed premises subject to the following conditions:

(b) Lodge or Club License.

The City may grant a “lodge or club license”, which authorizes the licensee to sell beer and/or intoxicating liquor at retail for consumption upon the premises of the licensee, except when permitted by subsection (4) below, primarily for the convenience of the club or lodge members subject to the following conditions:

  1. No license shall be transferable to any other owner. 
  2. Any additional lodge or club license shall be granted only to organizations qualifying as a lodge or club, and then only in the discretion of the Board of City Commissioners. 
  3. No electronic or mechanical gaming devices or games of chance shall be allowed upon the premises licensed hereunder in any area where minors are allowed to be present.
  4. A licensee may apply for a special event permit under Section 4.08.270.
  5. The fee for this license shall be set by the City’s fee schedule.

(c) Motel or Hotel License.

The City may grant a “motel or hotel license”, which authorizes the licensee to sell beer and/or intoxicating liquor on and off -sale of the hotel or motel, subject to the following conditions:

  1. The room from which such sales are made must be physically attached to and be a part of said hotel or motel.
  2. Temporary bars may be used in banquet rooms or other areas for special events such as conventions, dinner meetings, or similar events, all of which must be held within the confines of the hotel or motel; such areas need not be designated in the license.
  3. To qualify for the renewal of a hotel or motel on-sale liquor license, the applicant must have maintained an average room occupancy rate of at least 50% for the year preceding the application for renewal.
  4. There shall be no restrictions as to the number of licenses issued under this chapter subsection.
  5. The fee for this license shall be set by the City’s fee schedule.
  6. A licensee hereunder shall comply with and be subject to all of the remaining provisions of this Code, including this.

(d) Restaurant On-Sale License.

The City may grant a “restaurant on-sale license”, to any restaurant within city limits, which authorizes the licensee to sell beer and liquor on an on-sale basis only, except when permitted by subsection (4) below, subject to the following terms and conditions:

  1. The restaurant shall have sufficient dining area and facilities to adequately serve its patrons, as well as the public generally. 
  2. The restaurant may have a lounge area or waiting area lounge for patrons waiting to be seated for the purposes of serving alcoholic beverages in conjunction with its restaurant business. Permission for such area should be duly noted on the licensee’s license. 
  3. No electronic or mechanical gaming devices or games of chance shall be allowed upon the premises licensed hereunder unless licensee has a designated bar area upon said premises. 
  4. A licensee may apply for a special event permit under Section 4.08.270 or Section 4.080.275.
  5. Those receipts from the sales of alcoholic beverages hereunder shall not exceed fifty percent of the gross receipts from the sale of all food items and alcoholic beverages combined. 
  6. All restaurant on-sale license holders shall file with the application for license renewal a sworn statement executed by the licensee and a certified public accountant certifying that gross food sales and liquor sales for the previous calendar year meet the requirements of this section.  The Board of City Commissioners may, in its discretion, require the licensee to provide such additional proof of the licensee’s compliance with this section as the it deems necessary.
  7. All sales of alcoholic beverages by restaurant on-sale licensees must be separately receipted to the customer by cash register receipt and clearly identified as sales of liquor, beer or wine on all receipts.
  8. In order to qualify for an alcoholic beverage license under this provision, it is necessary that the dining area and other food service facilities be in operation and be open for business.
  9. There shall be no restrictions as to the number of licenses issued under this subsection.
  10. The fee for this license shall be set by the City’s fee schedule.
  11. A licensee hereunder shall comply with and be subject to all of the remaining provisions of this Code, including this chapter.

(e) Military Club Beer and Wine License.

The City may grant a “military club beer and wine license”, to military clubs of the armed forces within city limits, which authorizes the licensee to sell beer and/or wine on an on-sale basis only, subject to the following terms and conditions:

  1. For the purposes of this section and others pertaining thereto, “armed forces” shall mean the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States of America.  
  2. A license hereunder shall comply with all of the laws of the State relating to the sale and dispensation of alcoholic beverages. 
  3. The beer and/or wine license hereunder shall be for the sale of beer and/or wine for consumption on the premises only, to military club members only, and no sales for consumption off the premises.

(f) Microbrewery Pub License.

The City may grant a “microbrew pub license”, which authorizes the licensee to produce and manufacture beer at retail for consumption upon the licensed premises, in accordance with the requirements and limitations of N.D.C.C. § 5-01-14, which are incorporated herein by reference. A microbrew pub licensee is also subject to the following specifications and restrictions:

  1. A microbrew pub may manufacture on the licensed premises, store, transport, sell to wholesale malt beverage licensees, and export no more than 10,000 barrels of beer per year.
  2. A microbrew pub license will authorize the licensee to sell:
    1. Growlers, sold off-sale only; and
    1. Beer that has been brewed on the premises of the licensee, which may be sold either on-sale or off-sale
  3. A microbrew pub licensee may not engage in wholesaling activities. All sales and delivery of beer to any other retail licensed premises may be made only through a wholesale beer licensee. A microbrew pub licensee must comply with all statutory provisions for taxation under N.D.C.C. § 5-01-14.
  4. A microbrew pub licensee is not precluded from retailing beer it purchases from a wholesaler.
  5. Complimentary samples of beer may not be in an amount exceeding 16 ounces per patron.
  6. Except as modified in this subsection, a microbrew pub licensee shall comply with and be subject to all of the remaining qualifications for licensees.
  7. There shall be no restrictions as to the number of licenses issued under this subsection.
  8. The fee for this license shall be set by the City’s fee schedule.
  9. A licensee hereunder shall comply with and be subject to all of the remaining provisions of this Code, including this chapter.

(g) Beer and Wine Concession License.

The City may grant a “beer and wine concession license” to the operator(s) of the food and beverage concession(s) under contract with Dickinson Parks and Recreation District for concession services at Dakota Community Bank & Trust Ballpark – Astoria & Coke Fields, a Dickinson municipal ballpark (Ballpark) subject to the following restrictions and conditions:

1)         A licensee hereunder shall comply with all of the laws of the state relating to the sale and dispensation of alcoholic beverages.

2)         A licensee hereunder may sell wine, tap beer, beer in opened bottles, cans or similar packages.

3)         The license hereunder shall be for the sale of beer and wine for consumption on the premises only, and no sales for consumption off the premises shall be made.

4)         The license is nontransferable and may be held only by the operator(s) who have been awarded and currently hold a concession(s) contract, provided the contract permits the sale of beer and wine, and may be held only for the period of the operator’s concession contract and shall terminate with the termination of that contract.

5)         This license is limited to on-sale service of beer and wine to patrons of the Ballpark.

6)         The fee for this license shall be set by the City’s fee schedule.

7)         Except as modified herein, a licensee hereunder shall comply with and be subject to all the remaining provisions of this Code, including this Chapter.

(h) Distillery License.

The City may grant a “domestic distillery license”, which authorizes the licensee to produce distilled spirits and authorizes the sale of distilled spirits in accordance with the requirements and limitations of N.D.C.C. § 5-01-19, which are incorporated herein by reference. A domestic distillery licensee is also subject to the following restrictions and conditions:

(i) Brewer Taproom License.

The City may grant a “brewer taproom license”, which authorizes the licensee to manufacture on the licensed premises, store, transport, sell, and export 25,000 barrels or less of beer annually in accordance with the requirements of N.D.C.C. § 5-01-21, as amended from time to time, which are incorporated herein by reference. A brewer taproom licensee is also subject to the following restrictions and limitations:

  1. There shall be no restrictions as to the number of licenses issued under this subsection.
  2. The fee for this license shall be set by the City’s fee schedule.
  3. Except as modified herein, a licensee hereunder shall comply with and be subject to all the remaining provisions of this Code, including this Chapter.

(j) Domestic Winery License.

The City may grant a “domestic winery license”, which authorizes the licensee to operate a domestic winery and to produce and sell wine on-sale and off-sale within in the City in accordance with the requirements and limitations of N.D.C.C. § 5-01-17, which are incorporated herein by reference. A domestic winery licensee is also subject to the following restrictions and conditions:

  1. A domestic winery license may be issued only to a domestic winery owner or operator who obtains a license from the State Tax Commissioner allowing the production of wine.
  2. A domestic winery license authorizes the licensee to sell wine produced by that winery at on-sale or off-sale, in retail lots, and not for resale, and may sell or direct ship its wine to persons inside or outside the State in a manner consistent with the laws of the place of the sale or delivery in total quantities not to exceed 25,000 gallons in a calendar year. In addition, a domestic winery licensee may, if so authorized by a license issued by the State of North Dakota, sell beer on-sale only, provided that such on-sale beer sales shall be incidental to the sale of wine.
  3. A domestic winery license authorizes the licensee to sell glassware, wine literature and accessories, cheese, cheese spreads, and other snack food items.
  4. Direct sale by licensed wineries.
    1. A licensed winery that produces no more than 50,000 gallons of wine per year may sell and deliver, on site or off site, the wine produced by the winery directly to licensed retailers. The licensed winery may sell and deliver wine on site to a licensed retailer who presents the retailer’s license or a photocopy of the license. The winery may deliver the wine off site if the winery:
      1. Uses the winery’s equipment, trucks, and employees to deliver the wine;
      1. Contracts with a licensed distributor to ship and deliver the wine to the retailer; or
      1. Contracts with a common carrier to ship and deliver the wine to the retailer directly from the winery or the winery’s bonded warehouse.
    1. The shipments delivered by a winery’s equipment, trucks, and employees in a year may not exceed 4,500 cases. A case may not exceed 2.38 gallons of wine.
    1. Individual shipments delivered by common carrier may not exceed three cases per day for each licensed retailer. The shipments delivered by a common carrier in a year may not exceed 4,500 cases. A case may not exceed 2.38 gallons of wine.
  5. To the extent the following activities are authorized under N.D.C.C. § 5-01-17(2), the same shall also be authorized within the City:
    1. A licensee may dispense free samples on the licensed premises of the wines offered for sale.
    1. Special events for which a permit has been obtained by the State Tax Commissioner to give free samples of its product and to sell its wine by the glass or in closed containers at off-premises events are, as a result of such permit, authorized within the City.
    1. Participate in Pride of Dakota events, for which a special events permit has been obtained from the State Tax Commissioner is, as a result of such permit, authorized within the City, provided that the incidental sales of on-sale beer allowed by paragraph c above, will not be allowed at the locations where said permits are utilized.
  6. A domestic winery license shall not be required for a domestic winery owner or operator possessing a license from the State Tax Commissioner allowing the production of wine and only being present within the City to utilize special event permits issued by the State Tax Commissioner. It is the intent of this exemption to not require licensure by domestic winery owners or operators, if properly licensed elsewhere, where its only presence in the City is to utilize special event permits.
  7. There shall be no restrictions as to the number of licenses issued under this subsection.
  8. The fee for this license shall be set by the City’s fee schedule.
  9. Except as modified herein, a licensee hereunder shall comply with and be subject to all the remaining provisions of this Code, including this Chapter.

            (k) Beer Only On-Sale License

The City may grant a “beer only on-sale license,” which authorizes a licensee to sell on-sale tap beer, beer in open bottles and cans in similar packages at retail for consumption upon the leased premises of the licensee subject to the following restrictions and conditions:

1)         A licensee hereunder shall comply with all of the laws of the state relating to the sale and dispensation of alcoholic beverages.

2)         The license hereunder shall be for the sale of beer for consumption on the premises only, except when permitted by subsection (5) below, and no sales for consumption off the premises shall be made.

3)         A licensee hereunder shall ensure that any alcoholic beverages sold pursuant to this section shall be sold, distributed, and/or dispensed by an authorized employee of licensee. 

4)         There shall be no restrictions as to the number of licenses issued under this subsection.

5)         A license may apply for a restricted special event permit under Section 4.08.275.

6)         The fee for this license shall be set by the City’s fee schedule.

7)         Except as modified herein, a licensee hereunder shall comply with and be subject to all the remaining provisions of this Code, including this Chapter.

(l) Beer and Wine Only On-Sale License.

The City may grant a “beer and wine only on-sale license,” which authorizes a licensee to sell on-sale tap beer, beer in open bottles and cans, and/or wine in similar packages at retail for consumption upon the leased premises of the licensee subject to the following restrictions and conditions:

1)         A licensee hereunder shall comply with all of the laws of the state relating to the sale and dispensation of alcoholic beverages.

2)         The license hereunder shall be for the sale of beer and/or wine for consumption on the premises only, except when permitted by subsection (3) below, and no sales for consumption off the premises shall be made.

3)         A license may obtain a restricted special event permit under Section 4.08.275.

4)         A licensee hereunder shall ensure that any alcoholic beverages sold pursuant to this section shall be sold, distributed, and/or dispensed by an authorized employee of licensee. 

5)         There shall be no restrictions as to the number of licenses issued under this subsection.

6)         The fee for this license shall be set by the City’s fee schedule.

7)         Except as modified herein, a licensee hereunder shall comply with and be subject to all the remaining provisions of this Code, including this Chapter.

(Ord. No. 396; Ord. No. 456, § 3-5; Ord. No. 701, § 4; Ord. No. 832, § 4; Ord. No. 969, § 2; Ord. No. 1012, § 1; Ord. No. 1106, § 4; Ord. No. 1113, § 2; Ord. No. 1164 § 1; Ord. No. 699 § 1; Ord. No. 706, § 1; Ord. No. 832, § 3; Ord. No. 1184 § 5; Ord. 1232 § 2 & 3; Ord. No. 1253 § 1; Ord. No. 1298 § 11; Ord. No. 1402 §1, Ord. No. 1492 §1; Ord. No. 1589 §2; Ord. No. 1608 §2; Ord. No. 1649 §2;  Ord. No. 1654 §3;    Ord. No. 1664 §3;  Ord. No. 1635 §1; Ord. No. 1733 §3’ Ord. No. 1747 §1)

                        For state law as to local regulations of licensees including
determining the number of licenses granted, see NDCC, § 5-02-09.

Section 4.08.065         Addition of On/Off Sale License – Procedure for Granting

In the event that the Board of City Commissioners elects to grant an additional on/off sale license as provided in Section 4.08.060(a)(2), the City shall award the additional on/off sale license pursuant to a public bidding process.  The City shall proceed as follows:

  1. The City shall set a date for the receipt of sealed bids from interested parties, and a date and time for bid opening.
  2. The City shall provide notice to the general public of its intent to grant an additional on/off sale license by sealed bids.  Such notice shall be published in the official newspaper of the City at least fifteen (15) days prior to the deadline for receipt of bids.  Notice shall further be given by such other means as the Board of City Commissioners or City staff shall deem appropriate. The Board of City Commissioners may, in its sole discretion, establish a minimum bid amount, which shall be made known to any and all potential bidders.
  3. Interested parties shall submit an application for an on/off sale license, together with the information required by Dickinson City Code 4.08.070, or as may otherwise be required for City staff to determine the party’s qualifications for a license.  Interested parties shall further submit the non-refundable application fee set by the City.  Parties failing to submit the required application, information, and application fee shall have their bids removed from consideration.
  4. Interested parties shall further submit to the City a sealed bid for the additional on/off sale license. 
  5. City staff shall review the application and information submitted by all interested parties.  Parties who are determined by City staff to be not qualified for a license shall have their bids removed from consideration.
  6. Opening of sealed bids shall be held at the time and date set by the City.  Parties shall have the opportunity to improve their written bids pursuant to an auction process. 
  7. City staff shall submit all final, qualified bids to the Board of City Commissioners, together with a recommendation from City staff regarding the award of the bid.
  8. At its sole discretion, the Board of City Commissioners may grant the additional on/off sale license to the highest responsible bidder.
  9. Upon grant of the on/off sale license from the Board of City Commissioners, the successful party shall immediately pay the full bid price.  If the successful party is unable to immediately pay the full bid price, the Board of City Commissioners may offer the license to the next highest bidder or, in the Board of City Commissioner’s sole discretion, decline to offer the license to any remaining bidder.
  10. The City reserves the right to reject any and all bids, to waive any informalities in the bidding process or any bid received, and to accept any bid which, in sole judgment of the Board of City Commissioners, is in the City’s best interest. 
  11. The successful bidder shall have a period of one year from the date of granting of the addition on/off sale license in which to open and operate a business pursuant to the on/off sale license.  The successful bidder may request, in writing, an extension from the City Administrator of up to twelve (12) months in the event that extraordinary circumstances prevent the successful bidder from opening and operating a business pursuant to the additional on/off sale license within the initial time allotted.   The City Administrator shall grant such extension if it is in the best interests of the public health, safety and welfare. Additional extensions may be granted in the sole discretion of the Board of City Commissioners upon a showing by the successful bidder of extraordinary circumstances preventing the successful bidder from opening and operating a business pursuant to the on/off sale license within the time allotted, and upon a showing of significant progress toward opening and operating a business pursuant to the on/off sale license.  If a business is not opened and operated by the licensee within one year of its granting by the Board of City Commissioners, or within such additional time as may be granted, in writing, the license shall revert back to the City, without refund or reimbursement to the licensee.
  12. The additional on/off sale license shall be non-transferable during the first year of its actual operation and sales. (Ord. No. 1733 § 4)

 

Section 4.08.070         License Applications

(a)        Licenses Generally. Any person desiring to obtain a license for the retail sale of alcohol beverages pursuant to this Chapter shall make and file an application for such license with the Board of City Commissioners.  The application shall be made on a form approved by the Board of City Commissioners and made available through the office of the City Administrator.  In addition to information required on the application form, the Board of City Commissioners, in its discretion, may require such other information as it deems necessary in determining whether a license should be issued to the applicant. 

  1. Every applicant shall be required, as a portion of the written application, to promise and agree to abide by and obey all applicable laws of the state and all applicable ordinances of the City so far as such laws or ordinances may be concerned with the operation of the licensed premises and any activities conducted thereon.
  2. There shall also be incorporated on any such application the following consent which shall be signed by the applicant:
    1. The applicant hereby does expressly consent that any person(s) duly authorized by the City of Dickinson may enter upon the premises described in this application at any reasonable hour of the day or night including all hours in which the establishment is occupied, and at such times they shall have free access to all portions of the property comprising the licensed premises for the purpose of inspecting such premises for any possible violations of laws of the state of North Dakota or ordinances of the City of Dickinson regardless whether said laws pertain to the sales of alcoholic beverages.  Such access shall be permitted without necessity of a search warrant.

(b)        New Applicants. In addition to the provisions required of all applicants, all new applicants or those who previously have not been granted alcoholic beverage licenses by the city shall be required to furnish the following:

1)         Such applicant shall furnish a complete statement of the type of business contemplated and give a comprehensive site drawing, including exact location(s) and extent of the area(s) in the building in which alcoholic beverages will be sold and/or served.

2)         Each applicant shall cooperate to the fullest extent in obtaining a complete background investigation concerning any persons involved with the individual applicant or the applicant’s organization.

3)         The applicant, if an individual, shall show a history of the applicant’s residency, employment and business ownership for five years immediately prior to the date of application. If the applicant is a partnership, this information shall be furnished for all the partners; and, if a corporation, or other limited liability entity, the amount of authorized capital, the amount paid in capital, whether such corporation is a subsidiary of any corporation, and, if so, the name of the parent corporation, the purposes for which the corporation was incorporated and the names and addresses of all officers, directors and managing agents and the names and addresses of all stockholders holding more than five percent of the capital stock of such corporation shall be furnished.

4)         The applicant shall state the name and address of the legal title owner of the premises for which the license is sought, and if the license is sought for a person other than the owner of the premises, the terms and conditions of the lease under which the applicant holds the possession of such premises shall be stated insofar as the terms of the lease and the rental to be paid are concerned. The applicant shall, when required by the Board of City Commissioners, furnish to the Board of City Commissioners a copy of the lease under which he holds possession of the premises. If the license is sought by the owner of the premises, the application shall state the time when such applicant acquired title thereto.

5)         The applicant shall state whether he has ever engaged in the sale or distribution of alcoholic beverages prior to the date of application, and, if so, the date and type of business and the place of each instance where such distribution was conducted shall be furnished.

6)         It shall be stated whether during the five (5) years preceding the date of the Application, the applicant has ever had a license for the sale of alcoholic beverages revoked or canceled by any municipality, state or federal authority; and, if so, the date of cancellation, the place and authority canceling the same and the reasons for such cancellation shall be stated.

7)         It shall be stated whether during the five (5) years preceding the date of the Application, the applicant has ever been convicted of a violation of any law of the United States or of any state or of the violation of any local ordinance with regard to the manufacture, sale, distribution or possession of alcoholic beverages or driving under the influence and, if so, the dates, names of places and courts in which such convictions were obtained.

8)         The applicant shall state whether any person other than the applicant has any right, title or interest in the leasehold or in the furniture and fixtures or equipment of the premises for which the license is sought and, if so, the names and addresses of such person or persons together with a statement of the interest held shall be furnished.

9)         It shall be stated whether the applicant has any agreement, understanding or intention to have any agreement or understanding with any person to obtain for any other person or to transfer to any other person the license obtained or to use the license for any other purpose other than the specific use of the applicant; and, if so, the names and addresses of such persons and the conditions of such agreements shall be stated.

10)       The applicant shall state whether he has any interest whatsoever, directly or indirectly, in any other liquor or alcoholic beverage establishment, either wholesale or retail, within or without the state; and, if so, the names and addresses and details concerning such establishments shall be furnished.

11)       The applicant shall state the classification of the license applied for, whether on/off-sale, lodge or club, restaurant on-sale, restaurant wine & beer, beer only, hotel/motel, military club beer and wine, or microbrewery license.

12)       If the license is sought for a lodge or club, the date of the organization of the club and the number of the members therein as well as the purpose for which such club was organized shall be stated in full.

 (Ord. No. 396; Ord. No. 456, § 3-6; Ord. No. 1184, § 6; Ord. No 1298 § 12; Ord. No. 1492 §1; Ord. No. 1589 § 3; Ord. No. 1733 § 5)

Section 4.08.075         License Renewals

Each year when the issuance of licenses is considered by the City Commission, it shall first consider applications from persons holding existing licenses before considering any request for new applicants.

In considering whether or not to issue licenses to those previously licensed, the Board of City Commissioners will review and evaluate the past record of such licensees, including any violations of city ordinances and state law and the general manner in which the licensed premises has been conducted and managed, including the licensee’s control of its licensed premises and the prevalence of bar fights, violence, or police calls necessary to control the licensed premises and other areas, such as parking lots surrounding or servicing the licensed premises.

The actual decision of whether or not a license should be issued under this chapter, whether it is to a previous licensee or to a new applicant, shall be made only in the discretion of the board of city commissioners and in accordance with the various requirements of this chapter. No licensee shall necessarily be entitled to an automatic renewal of his license.

In the event that the licensed establishment has been closed for six months or more during the previous calendar year, the Board of City Commissioners may, in its sole discretion, not renew such licensee. 

   In the event that a holder of an on/off sale license has failed to, or refrained from, opening or operating a business pursuant to such license for a period of more than six months in the preceding calendar year, the Board of City Commissioners shall not grant a renewal of the license.  However, upon a showing of extraordinary circumstances, the holder of an on/off sale license may request, in writing, an extension of time in which to open and operate under such license.  The City Administrator shall grant such an extension of time upon a showing by the licensee of a plan to open and operate under the license, and upon finding that an extension of time is in the best interests of the public health, safety and welfare. (Ord. No. 1298 § 13, Ord. No. 1492 § 1; Ord. No. 1733 § 6)

Section 4.08.080         Term; fees

            All licenses under this chapter shall run for annual periods commencing January 1 of each year and terminating on December 31 of the same year. The license renewal application must be received and fees shall be paid prior to October 1.  Failure to pay the license fees when due shall be cause for non-issuance of the license.

Annual license fees shall be set by resolution of the Board of City Commissioners, and included in the City Fee Schedule.     

Each applicant for a new license, or a transfer of a license as described in 4.08.200 and 4.08.210, shall at the time of submission of the application for such issuance or transfer, pay (1) an application fee; and (2) an issuance fee or transfer fee as may be set by the Board of City Commissioners by resolution and incorporated into the City Fee Schedule.   

(Ord. No. 396; Ord. No. 456, § 3-7; Ord. No. 557; Ord. No. 647, § 1; Ord. No. 701, § 5; Ord. No. 832, § 5; Ord. No. 1010, § 1; Ord. No. 1084, §1; Ord. No. 1106, § 5; Ord. No. 1184, §7; Ord. 1232 § 4; Ord. No. 1288 § 1; Ord. No. 1298  14; Ord. No. 1402 §2; Ord. No. 1635, §1)

            For state law as to local license fees, see NDCC, § 5-02-03.

Section 4.08.090         Wholesale

            Any person engaging in the sale at wholesale of beer or liquor in the city must first procure a license from the State Treasurer for the state of North Dakota. The city shall not issue wholesale beer or liquor licenses. (Ord. No. 396; Ord. No. 1106, § 6.)

Section 4.08.100         Licensee to be owner of business

            No license provided for in this chapter shall be issued to any person engaged in business as a representative or agent of another. The license may be issued only to the person owning the business being conducted or to be conducted at the locations sought to be licensed.

            Proof of ownership interest in the business conducted or to be conducted at the locations sought to be licensed, shall be the responsibility of the person making application for the license, and shall be shown to the reasonable satisfaction of the Board of City Commissioners.   (Ord. No. 396; Ord. No. 1346 §1.)

Section 4.08.110         Premises near churches or schools

            No license for the sale of alcoholic beverages shall be granted or issued under this chapter for any premises within three hundred feet of any church, public or parochial school or synagogue. In determining such distance, it shall be measured by the ordinary route of travel from the main entrance from such church, school or synagogue to the nearest entrance of such premises sought to be licensed. (Ord. No. 396; Ord. No. 1298 § 15)

Section 4.08.120         Number per person

            Any one person may have an interest in no more than two on/off sale licenses for the sale of alcoholic beverages, whether such interest is acquired by direct ownership or indirect ownership of the business being conducted or to be conducted at the locations sought to be licensed.

            An interest in an on/off sale license acquired by “indirect ownership” shall be deemed to exist whenever a person has any financial interest whatsoever in the business conducted or to be conducted at the location sought to be licensed, regardless of the amount of the financial interest, the percentage ownership of the business, or the corporate form in which the financial interest is held; provided, however, that in the event that an on/off sale license is granted to a publicly traded company, persons holding less than five percent of the total voting shares of such publicly traded company shall be deemed not to have an interest acquired by “indirect ownership”.

            An interest in an on/off sale license acquired by “indirect ownership” shall further be deemed to exist where, under the totality of the circumstances, in the sole discretion of the Board of City Commissioners, any two on/off sale licenses may be operated in conjunction with one another, due to familial relationships or other business interests held in common among persons holding or applying for a license, or having any interest therein.

            This provision applies only to the on/off sale licenses governed by Section 4.08.060(a) of this Code.  (Ord. No. 396; Ord. No. 1184, § 8; Ord. No. § 16; Ord. No. 1346 §2.)

Section 4.08.130         Identification number and record; display

            Each license issued under the provisions of this chapter must be given an identification number, and a permanent record thereof must be kept by the city auditor showing the name and address of the licensee and a description of the place licensed. All licenses must be displayed at all times in a prominent place on the premises described in the application and license. (Ord. No. 396.)

Section 4.08.140         Issuance to certain persons prohibited–Minors or immoral persons – REPEALED

            This section was repealed with Ordinance No. 1298, Section 17, approved July 5, 2005 (Ord. No. 396; Ord. No. 1298 § 17.)

Section 4.08.150         Restrictions on issuance to lodge or club

            No license shall be issued to any lodge or club where sales of alcoholic beverages in such lodge or club are made for the profit of individuals and unless the profit made on the sale of such alcoholic beverage by such lodge or club is used for benevolent purposes.        

            Lodges and clubs are prohibited from advertising or displaying off-sale sales.

(Ord. No. 396; Ord. No. 1106. § 7; Ord. No. 1298 § 18.)

Section 4.08.170         Issuance or refusal generally

            If an application for a license under this chapter is approved, the City Administrator shall issue to the applicant a license showing the amount paid and for what location the license is authorized.  Such license shall further state the class of license.  

            Any license provided for in this chapter shall be denied to any applicant who, in the discretion of the Board of City Commissioners, is a person of questionable character or for any other cause which would, in the opinion of the board, render the applicant or the premises to be licensed, improper or unfit or which would, in the board’s opinion, make the granting of the license contrary to the best interests of this city and its citizens.

            If a license becomes available, and there is more than one applicant, the City Commission may conduct an auction amongst all qualified applicants, and award the license to the successful bidder at said auction.  (Ord. No. 396; Ord. No. 1106, § 8; Ord. No. 1184, § 9; Ord. No. 1298 § 19; Ord. No. 1733 § 7)

Section 4.08.180         Approval of applications by city commission

The City Administrator shall submit each application for a license under this chapter to the Board of City Commissioners, who shall have whatever hearings they deem appropriate and who shall then act upon such application at the next meeting thereafter. Every new applicant for a license under this chapter shall be required to make a personal appearance before the Board of City Commissioners. If the applicant is a   partnership, such appearance shall be made by at least one of such partners. If the applicant is a limited partnership, limited liability partnership, or limited liability limited partnership, at least one general partner or managing partner shall appear. If the applicant is  a limited liability company or a corporation, such appearance shall be made by the manager of the premises for which the application is made.       (Ord. No. 396; Ord. No. 1184, § 10.; Ord. No. 1635, § 1; Ord. No. 1733 § 8)

 

Section 4.08.190         Majority vote by city commission required for issuance

            No license shall be issued hereafter, whether it be a renewal of an old license or not, without the affirmative vote of a majority of all of the members of the board of city commissioners. (Ord. No. 396.)

Section 4.08.200         Change in location of licensed premises

            No change of location of a licensed premises shall be permitted or considered unless the licensee shall first make a written application for such change to the City Administrator clearly stating when and to what location the change is requested.  Thereafter, the City Administrator shall cause a public notice to be published in the official newspaper of the City one time at least fifteen days prior to a public meeting to be held by the Board of City Commissioners for the purpose of reviewing the proposed change in location of licensed premises.  Such an application for change of location may be granted only upon the majority vote of all of the members of the Board of City Commissioners. (Ord. No. 396; Ord. No. 1298 § 20; Ord. No. 1733 § 9)

Section 4.08.210         Transfer of Licenses

                        Licenses issued under the provisions of this Chapter shall be transferable to a qualified applicant with the approval of the Board of City Commissioners.  The transferee shall file an application for license on the prescribed form, and a written request for transfer shall be filed with the City Administrator signed by both the transferor and the transferee. In addition to the regular annual fee for the license, the transferee shall further pay a transfer fee as may be set by the Board of city Commissioners by resolution and incorporated in to the City Fee Schedule.

(Ord. No. 396; Ord. No. 1164 § 2; Ord. No. 1298 § 21; Ord. No. 1402 §3; Ord. No. 1635, § 1 )

Section 4.08.220         Transfer of ownership of business – REPEALED

            This section was repealed with Ordinance No. 1298 approved July 5, 2005

(Ord. No. 396; Ord. No. 1298 § 22.)

Section 4.08.230         Payment, proration and refund of fees

A license under this chapter shall not be issued until a check in the appropriate amount of the license fee payment is submitted to the City Administrator.

            In the event that the license is issued after the expiration of a portion of the licensing year, the licensee shall then be granted a credit toward the payment of the fee for such year.  The credit so granted shall bear the same relation to the annual license fee as does the period that the applicant was not in business to the annual licensing period.

            If the application for a license is denied, the City Administrator shall refund the fee deposited with him to the applicant upon demand. All license fees collected by the City Administrator under this chapter shall be credited to the general fund of the City.

            In the event of a sale or transfer of the licensed premises during the licensing period, January 1 through December 31, the annual license fee previously paid by the prior license holder is not refundable.  (Ord. No. 396; Ord. No. 557; Ord. No. 1010, § 3; Ord. No. 1164, § 3; Ord. No. 1184, § 11; Ord. No. 1733 § 10)

Section 4.08.240         Revocation and suspension by city commission

The Board of City Commissioners may review the status of any license issued pursuant to this Chapter and take appropriate action against the licensee pursuant to this section.

(a)        Suspension and Revocation for Cause.  Any license issued pursuant to this chapter may be revoked or suspended for cause by the board of city commissioners, which cause may include, among other grounds, the following:

  1. When a licensee is adjudged bankrupt.
  2. When a licensee has made any false statement or statements in an application for the issuance of such license.
  3. When the licensee or, in the case of a corporation or other entity, manager of a licensee has been convicted of a violation of any felony crime under the laws of the United States or of any state.
  4. When the licensee or, in the case of a corporation or other entity, manager of a licensee ceases to be a legal, bona fide resident and citizen as required by this chapter to be eligible for a license.
  5. When the license or permit of the licensee from the United States government or from the state to sell alcoholic beverages at the location licensed has been terminated or has been revoked.
  6. When the business of the licensee at the location licensed has been conducted in violation of the health or sanitary regulations of the city or of the state.
  7. When the licensee, if an individual, or one of the partners if the licensee is a partnership, or one of the officers or managers if the licensee is a corporation, is convicted of drunkenness, disorderly conduct or a violation of any law of the United States or of any state or of the violation of any local ordinance with regard to the manufacture, distribution or possession of alcoholic beverages (including driving under the influence of intoxicating beverages or illegal drugs) or if an appeal is taken from such conviction, then when such conviction is sustained by the higher court or courts.
  8. When in the opinion of the board of city commissioners, the licensee has conducted his business or permitted his business to be conducted in a disorderly manner or in a manner that is dangerous or detrimental to the public welfare and morals.
  9. When the licensee, or an agent or employee of the licensee, violates any term or condition of the license or any provision of this Chapter.

(b)        Server Training.  Server training shall be available for licensees, together with their managers and employees. Server training shall mean training that has been approved by the Dickinson Police Chief and/or the City Administrator for managers and employees involved in selling alcoholic beverages at licensed liquor establishments, including restaurants. Persons successfully completing an approved class with a test score of at least 72% will receive a server training certificate card which will remain with that individual wherever employed. For new managers and employees not having previously received server training, there shall be a grace period of 90 days in which to successfully complete the approved class. The server training card must be renewed every three (3) years from the anniversary date as shown on the card.

(c)        Penalty for Ordinance Violations.  Any license issued pursuant to this Chapter may be suspended or revoked by the Board of City Commissioners for violating any of the provisions of this Chapter.  Any licensee or agent or employee of a licensee who has violated any provisions of this Chapter shall be subject to the following penalties, in addition to possible license revocation:

  1. First Offense: (i) If the agent or employee of the licensee possesses a server training certificate card, or is within the 90-day grace period referenced in subsection (2), above, at the time of the violation by said agent or employee, the licensee will receive a written warning.  (ii)  If the agent or employee of the licensee does not possess a server training certificate card at the time of the violation by said agent or employee, the licensee will receive a written warning and a $1,000.00 administrative penalty.
  2. Second Offense:  $2,000 administrative penalty. 
  3. Third Offense:  $5,000 administrative penalty.
  4. Fourth Offense: Upon a fourth offense, the License Holder shall appear before the Commission for a determination of penalty which may include monetary fines of at least $5,000, suspension of the license for a period of days to be determined by the Commission, or revocation of license.

The level of offenses shall be determined by reference to an 18-month period from the first offense by the licensee. By way of illustration, a second offense occurring more than 18 months after a first offense would then be deemed a first offense. Any offenses occurring prior to the effective date of this ordinance (April 18, 2005 – Ordinance No. 1296) shall not be considered an offense for purposes of this Section.

(d)        Suspensions–food sales.  Any suspension of alcoholic beverage license provided for herein shall relate to liquor sales only so that food sales, if applicable, may continue on the licensed premises.

(e)        Notice–public hearing.  Sanctions or penalties under this section may not be invoked without a public hearing if requested by the licensee. Upon written notification to the licensee by the City Administrator that a penalty is being sought under this section, the licensee may notify the City Administrator’s office within ten (10) days of the date of such written notification and request a hearing on the proposed penalty. Failure to notify the City Administrator within ten (10) days of the date of such written notification will be deemed acceptance of the penalty without hearing.

  1. A hearing shall be set before the Board of City Commissioners specifying the time and place of the hearing and shall be served on the licensee in the same manner as provided by law for the service of a Summons in a civil action. No suspension hearing shall be held before the expiration of fifteen (15) days after the date of service of the notice. A record of any hearing shall be made by electronic recording device.
  2. If, upon such hearing, it appears to a majority of the Board of City Commissioners that sufficient cause exists for the penalty sanctions, the Board of City Commissioners shall make its order in accordance with the provisions of this Chapter. The Board of City Commissioners shall further issue its findings, conclusions and order which shall be served upon the licensee. The order is appealable pursuant to Chapter 28-34 of the North Dakota Century Code.

(f)        No Refunds on Suspension.  When any license is revoked or suspended for any reason, no portion of the license fee shall be returned to the licensee.  (Ord. No. 396; Ord. No. 1296 § 1; Ord. No. 1305 § 1; Ord. No. 1319 §1; Ord No. 1366 §1;      Ord 1635 §1; Ord. No. 1733 § 11)

Section 4.08.250         Same–Effect on imposition of other penalties

            The revocation or suspension of a license granted under this chapter shall not be considered as a penalty so as to bar any other penalty being enforced for such a violation. (Ord. No. 396.)

Section 4.08.270         Special event alcoholic beverage permit

(a)        Authorization.  The following classifications of licenses may apply for a special event permit:

  1. On/Off-Sale License
  2. Lodge or Club License
  3. Restaurant On Sale License
    1. For a licensee holding a Restaurant On-Sale license to obtain a special event permit under this section, the licensee must cater the food for the special event for which the permit is being requested and provide sufficient documentation to the City Administrator as part of the application process.
  4. Distillery License, subject to a permit obtained from the State Tax Commissioner
  5. Brewer Taproom License, subject to a permit obtained from the State Tax Commissioner
  6. Domestic Winery License, subject to a permit obtained from the State Tax Commissioner

(b)        Regulations Regarding Permit. The City Administrator may, by permit, authorize a qualified alcoholic beverage licensee identified above in subsections (1)-(6) to engage in the sale of alcoholic beverages at events, public dances, private groups, or parties, conventions or similar gatherings, shows, exhibitions, beer gardens, music festivals or similar event sponsored, operated or conducted in the expectation of a profit on such premises, including public buildings other than the licensed property identified with the primary license as may be designated by such permit.

(c)        Fee. The fee for such local permit shall be set from time to time by action of the Board of City Commissioners through the adoption of the City Fee Schedule and related resolution.  Such permit shall not be valid for a period greater than ten consecutive days.  A separate application must be submitted for each event for which a permit is sought.

(d)       Application for Permits. An alcoholic beverage licensee desiring to conduct an event as described in (b) above wherein alcoholic beverages will be sold, or to sell alcoholic beverages at an event as described in (b) above conducted by any other person who has been granted a local permit shall make an application for a permit to the City. The application shall set forth:

  1. The name of the applicant;
  2. The time or period for which the permit is desired;
  3. The place where such event is to be conducted or held;
  4. Detailed drawing of area/location to be used and in the case of outdoor events, to include the area to be fenced, in order to define the site;
  5. Statement of one entrance, one exit;
  6. Verification that a person will be stationed at the entrance/exit at all times to check ID’s;
  7. Verification that food items will be sold/served in an area separate from area where alcohol is sold.
  8. If the applicant is a Restaurant On-Sale licensee, applicant must provide documentation that applicant is catering the event for which the special event permit is being sought.

(e)        The City may authorize an individual under twenty-one years of age to remain in the area of the event or a portion thereof, where beer, wine or sparkling wine may be sold pursuant to the permit subject to the following:

1)         The area where persons under twenty-one years of age may remain must be specifically set forth in the permit. 

2)         Only employees of the qualified alcoholic beverage licensee who are at least twenty-one years of age may deliver and sell the beer, wine, or sparkling wine.

3)         Subject to section 4.04.040, the area where persons under twenty-one years of age may remain may not be qualified alcoholic beverage licensee’s fixed or permanent licensed premises as shown on the state and local governing body’s alcoholic beverage license issued pursuant to section 5-02-01.

4)         No person under twenty-one years of age within the area described in the permit may consume, possess, or receive alcoholic beverages.

5)         The City shall not require a segregated area specifically designated for the restrained consumption of liquor for events specifically permitted for private functions not open to the public without invite, no monetary benefit is to be received and no ticket for admission is required to attend the event.

(f)        Refusal and Revocation of Permit for Cause. The City Administrator shall refuse to issue such permit and shall revoke a permit already issued, where it appears following inspections prior and during such event that:

1)          The permitted site is or is likely to become a public nuisance or detrimental to public morals;

2)          Alcoholic beverages or controlled substances are being sold or given away except as provided by such permit;

3)          Any of the ordinances of the City or of the laws of the state are being violated; or

4)          In the sole judgment of the City, protests to the issuing of such permit are made, either orally or in writing, by a sufficient number of the people living in the neighborhood of the site for which application for such permit is made to warrant refusal or revocation of such permit as being in the public interest.

(e)         State and Local Laws Apply. The sale or dispensation of alcoholic beverages pursuant to a permit issued under this section shall fully comply with all state laws and with the remaining provisions of this chapter which are consistent with the purposes and intent of this section.

(f)          Appeal of the City Administrator’s Decision of Refusal or Revocation of Permit.  The applicant may appeal a decision by the City Administrator to refuse to issue or to revoke a permit to the Board of City Commissioners during the first regular commission meeting following the refusal or revocation decision unless the complaint is filed following the deadline for the order of business.  In which case, the appeal will be scheduled during the next regular meeting.  The appeal must be filed on a form provided by the City and signed by the applicant.  

(Ord. No. 720, § 1; Ord. No. 1088, § 2; Ord. No. 1155 § 1; Ord. No. 1184,

 § 12; Ord. No. 1188, § 2; Ord. No. 1298 § 23, Ord. No. 1747 § 2)

Section 4.08.275         Restricted special event alcoholic beverage permit

(a)        Authorization.  The following classifications of licenses may apply for a restricted special event permit:

  1. Restaurant On-Sale License
  2. Military Club Beer and Wine License
  3. Beer Only On-Sale License
  4. Beer and Wine Only On-Sale License

(b)        Designated Location.  The City Administrator may, by permit, authorize a licensee identified above in subsections (1)-(5) to engage in the sale of alcoholic beverages at events, sponsored, operated or conducted in the expectation of a profit, at or on a location adjacent to licensee’s permitted location under an existing alcoholic beverage license.  For purposes of this section, “adjacent to” shall mean the immediate area surrounding the licensee’s existing permitted location.  Any permit issued under this section shall not be taken off-premises and used at any location for any other purpose.  

(c)        Fee. The fee for such local permit shall be set from time to time by action of the Board of City Commissioners through the adoption of the City Fee Schedule and related resolution.  Such permit shall not be valid for a period greater than ten consecutive days.  A separate application must be submitted for each event for which a permit is sought.

(d)       Limitations on Permit.  A licensee granted a permit under this section is only permitted to sell alcoholic beverages that the licensee is allowed to sell under its existing alcoholic beverage license.  If a licensee desires to sell any alcoholic beverages other than what is it licensed to sell under an existing alcoholic beverage license, then the licensee must obtain permission from an existing On/Off Sale licensee to use that licensee’s license for said event, and the On/Off Sale licensee must apply for the special event permit under Section 4.08.270.  The City Administrator may only issue two permits each year under these circumstances. 

(e)        Application for Permits. A licensee desiring to conduct an event as described in (b) above wherein alcoholic beverages will be sold, or to sell alcoholic beverages at an event as described in (b) above conducted by any other person who has been granted a local permit shall make an application for a permit to the City. The application shall set forth:

  1. The name of the applicant;
  2. The time or period for which the permit is desired;
  3. The place where such event is to be conducted or held;
  4. Detailed drawing of area/location to be used and in the case of outdoor events, to include the area to be fenced, in order to define the site;
  5. Statement of one entrance, one exit;
  6. Verification that a person will be stationed at the entrance/exit at all times to check ID’s;
  7. Verification that food items will be sold/served in an area separate from area where alcohol is sold.

(f)        The City may authorize an individual under twenty-one years of age to remain in the area of the event or a portion thereof, where beer, wine or sparkling wine may be sold pursuant to the permit subject to the following:

1)         The area where persons under twenty-one years of age may remain must be specifically set forth in the permit. 

2)         Only employees of the qualified alcoholic beverage licensee who are at least twenty-one years of age may deliver and sell the beer, wine, or sparkling wine.

3)         Subject to section 4.04.040, the area where persons under twenty-one years of age may remain may not be qualified alcoholic beverage licensee’s fixed or permanent licensed premises as shown on the state and local governing body’s alcoholic beverage license issued pursuant to section 5-02-01.

4)         No person under twenty-one years of age within the area described in the permit may consume, possess, or receive alcoholic beverages.

5)         The City shall not require a segregated area specifically designated for the restrained consumption of liquor for events specifically permitted for private functions not open to the public without invite, no monetary benefit is to be received and no ticket for admission is required to attend the event.

(g)        Refusal and Revocation of Permit for Cause. The City Administrator shall refuse to issue such permit and shall revoke a permit already issued, where it appears following inspections prior and during such event that:

1)          The permitted site is or is likely to become a public nuisance or detrimental to public morals;

2)          Alcoholic beverages or controlled substances are being sold or given away except as provided by such permit;

3)          Any of the ordinances of the City or of the laws of the state are being violated; or

4)          In the sole judgment of the City, protests to the issuing of such permit are made, either orally or in writing, by a sufficient number of the people living in the neighborhood of the site for which application for such permit is made to warrant refusal or revocation of such permit as being in the public interest.

(e)         State and Local Laws Apply. The sale or dispensation of alcoholic beverages pursuant to a permit issued under this section shall fully comply with all state laws and with the remaining provisions of this chapter which are consistent with the purposes and intent of this section.

(f)          Appeal of the City Administrator’s Decision of Refusal or Revocation of Permit.  The applicant may appeal a decision by the City Administrator to refuse to issue or to revoke a permit to the Board of City Commissioners during the first regular commission meeting following the refusal or revocation decision unless the complaint is filed following the deadline for the order of business.  In which case, the appeal will be scheduled during the next regular meeting.  The appeal must be filed on a form provided by the City and signed by the applicant.   (Ord. No. 1747 § 3)

Section 4.08.280         Sunday alcoholic beverage permit

(a)        Permit Authorized. A Sunday alcoholic beverage permit may be issued to a qualified alcoholic beverage licensee, licensed as a retail alcoholic beverage establishment under NDCC chapter 5.02 or to a publicly owned or operated facility which collect and submit the City hospitality tax as described in Section 35.125. The authority to issue a special permit rests solely in the discretion of the Board of City Commissioners.

(b)        Application for Permit. A Sunday alcoholic beverage permit may be granted only upon proper application to and approval by the Board of City Commissioners. The application for a Sunday alcoholic beverage permit must be made in writing.

(c)        Use of Sunday Alcoholic Beverage Permit. Under the permit, alcoholic beverages may be distributed between the hours of 11:00 a.m. on Sunday and 1:00 A.M. on Monday, unless otherwise prohibited by this Code. The general public may consume alcoholic beverages distributed under the authority of the permit. The establishment or facility shall enforce the requirements of this section and any other conditions established by the Board of City Commissioners under the permit.

(d)       Failure to continuously pay the Hospitality tax will void the remaining term of the Sunday permit and the licensee will be ineligible for a Sunday permit for the remainder of the term of the license.

(e)        Sunday Beer and Wine. Eating establishments which have a special restaurant beer and wine license pursuant to section 4.08.060 of this Code may obtain a Sunday alcoholic beverage permit by complying with all requirements of this section. Said permit shall be limited to serving beer and wine on Sundays, for consumption only in that part of the eating establishment habitually used for the serving of prepared meals, excluding any room that has a bar in it where alcoholic beverages are mixed, opened or stored.  Said permit may be withdrawn by action of the Board of City Commissioners for failure to abide by the requirements of this section.    (Ord. No. 1020, § 2; Ord. No. 1073, 1; Ord. No. 1084, § 2; Ord. No. 1088 § 3; Ord. No. 1184, § 13; Ord. No. 1635 § 1; Ord. No. 1733 § 13)

Last modified: August 15, 2022

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