340A.413 RESTRICTIONS ON NUMBER OF INTOXICATING LIQUOR LICENSES THAT MAY BE ISSUED. Subdivision 1. On-sale licenses. No on-sale intoxicating liquor license may be issued in any city except as provided in this section in excess of the following limits: (1) in cities of the first class, one license for every 1,500 population, up to 200 licenses; (2) in cities of the second class, not more than 18 licenses plus one for every 2,500 population over 45,000; (3) in cities of the third class, not more than 12 licenses; (4) in cities of the fourth class, including cities whose acts of incorporation were repealed by Laws 1973, chapter 123, article V, section 5, not more than seven licenses; (5) in statutory cities of 5,000 to 10,000 population, not more than six licenses; (6) in statutory cities of 2,500 to 5,000 population, not more than five licenses; (7) in statutory cities of 500 to 2,500 population, not more than four licenses; and (8) in statutory cities under 500 population, not more than three licenses. Subd. 2. Additional on-sale licenses permitted for cities in St. Louis County. For cities in St. re than four licenses; and (8) in statutory cities under 500 population, not more than three licenses. Subd. 2. Additional on-sale licenses permitted for cities in St. Louis County. For cities in St. Louis County no on-sale liquor license may be issued in excess of the following limits, without the approval of the commissioner: (1) in cities of the third class, not more than 15 licenses; (2) in cities of the fourth class, not more than nine licenses; and (3) in statutory cities of 2,500 to 5,000 population, not more than six licenses. Subd. 3. Referendum for additional on-sale licenses. (a) The governing body of a city may issue on-sale intoxicating liquor licenses over the number permitted under subdivision 1 when authorized by the voters of the city at a general or special election. (b) The governing body may direct that either of the following questions be placed on the ballot: (1) 'Shall the city council be allowed to issue 'on-sale' licenses for the sale of intoxicating liquor at retail in excess of the number permitted by law? Yes . No . ' (2) 'Shall the city council be allowed to issue (a number to be determined by the governing body) 'on-sale' licenses for the sale of r at retail in excess of the number permitted by law? Yes . No . ' (2) 'Shall the city council be allowed to issue (a number to be determined by the governing body) 'on-sale' licenses for the sale of intoxicating liquor at retail in excess of the number now permitted by law? Yes . No . ' (c) If a majority of voters voting on the question in clause (1) vote yes, the governing body may issue an unlimited number of on-sale licenses. If a majority of voters voting on the question in clause (2) vote yes, the governing body may issue additional on-sale licenses in the number stated in the question. Subd. 4. Exclusions from license limits. On-sale intoxicating liquor licenses may be issued to the following entities by a city, in addition to the number authorized by this section: (1) clubs, or congressionally chartered veterans organizations; (2) restaurants; (3) establishments that are issued licenses to sell wine under section 340A.404, subdivision 5; (4) theaters that are issued licenses under section 340A.404; (5) hotels; and (6) bowling centers. Subd. 5. Off-sale licenses. No off-sale intoxicating liquor license may be issued in any city, except as provided in this section, in excess der section 340A.404; (5) hotels; and (6) bowling centers. Subd. 5. Off-sale licenses. No off-sale intoxicating liquor license may be issued in any city, except as provided in this section, in excess of the following limits: (1) in cities of the first class, not more than one off-sale license for each 5,000 population; and (2) in all other cities the limit shall be determined by the governing body of the city. Subd. 6. Area that has been annexed or consolidated. A license validly issued within the number prescribed in this section is not rendered invalid or illegal by reason of the consolidation or annexation of territory to a city and may continue to remain in effect and be renewed, except that the limitations as to ownership under section 340A.412, subdivision 2. History: 1985 c 305 art 6 s 13; 1987 c 152 art 1 s 1; 1990 c 554 s 13; 1991 c 249 s 16; 1996 c 418 s 9; 2003 c 126 s 9
Minnesota Legal Code