Liquor Licensing

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Regulations around Liquor Licensing

City Ordinance

Rochester Code of Ordinances Chapter 125B outlines the City's rules and requirements around liquor licensing.

State Law

The City of Rochester operates within the framework of state law. Minnesota Statutes Chapter 340A governs Liquor in the state. City regulations can be more restrictive than state law.

Licensees must meet the requirements of both city ordinance and state law.

Types of Liquor Licenses

On Sale Applications

All on-sale applications also require completion of the Retailer's (Buyer's) Card Application, to be provided with a $20 check for submission to the State of Minnesota

Intoxicating Liquor/On-sale Exclusive Liquor Store

Also referred to as a "Street Bar License," these on-sale licenses are for exclusive liquor stores to sell alcoholic beverages at retail to the public for consumption only on the licensed premises. 

City Application Form Part I             
Part II

Intoxicating Liquor/Restaurant & Hotel

Authorizes a hotel or restaurant to sell alcoholic beverages at retail to the public for consumption only on the licensed premises. Under City ordinances, a restaurant must have meals regularly prepared on the premises, served at table to the general public, with a seating capacity to serve meals to not less than 15 guests at one time.

City Application Form Part I             
Part II

Intoxicating Liquor/Club

Authorizes a club which has been in existence for at least three years to sell alcoholic beverages at retail for consumption only on the licensed premises to its members and to bona fide guests in the company of members. A club is defined as an incorporated organization organized under the laws of the state meeting the requirements outlined in RCO 125B.01 subd. 7.

City Application Form Part I             
Part II
State Application

Wine

Authorizes a restaurant having a minimum amount of seating to sell wine up to 14 percent alcohol content by volume at retail for consumption only on the licensed premises in conjunction with the sale of food. City ordinance requires seating for a minimum of 15 guests, however that is superseded by the requirement under state law for seating for at least 25 guests at one time. Wine licenses include authorization for Sunday sales.

A restaurant holding both a wine license and a 3.2 percent malt liquor/on-sale license may  also serve intoxicating malt liquor so long as the restaurant's gross receipts are at least 60 percent attributable to the sale of food, and the licensee has proof of financial responsibility as required by Minnesota Statutes Section 340A.409.

City Application Form Part I             
Part II
State Application

3.2 percent Malt Liquor

City Application Form Part I             
Part II

Brewer Taproom - On-Sale

City Application Form Part I             
Part II

Brew Pub - On-Sale

City Application Form Part I             
Part II

Bottle Club Permit (a.k.a. Consumption and Display Permit)

City Application Form Part I             
State Application

On Sale License Add-ons Applications

Special Sunday

Applicants for on-sale intoxicating liquor licenses can also apply for a Special Sunday license, if their application meets the requirements of state law and City ordinance. Part II of the City application should indicate the applicant is also applying for a Sunday license. 

Under state law, a restaurant, club, bowling center, or hotel with a seating capacity of at least 30 persons with an intoxicating liquor license may obtain a Sunday license. City ordinance indicates an intoxicating liquor/on-sale exclusive liquor store may be deemed a restaurant for purposes of a special Sunday license even though a principal part of its business is not serving food provided it has appropriate facilities for serving the minimum number of guests required.

Dance

Applicants for any on-sale alcoholic beverage licenses can also apply for a dance license, if their application meets the requirements of state law and City ordinance. Part II of the City application should indicate the applicant is also applying for a dance license. Dancing shall be permitted only on licensed premises for which a dancing license has been granted.

2 a.m.

Applicants for on-sale liquor licenses (intoxicating liquor or 3.2 percent malt liquor) can also apply for an optional 2 a.m. license, if their application meets the requirements of state law and City ordinance. Part II of the City application should indicate the applicant is also applying for this license. In addition, the state application form must be completed and submitted with the City application.

State Application

Off Sale Applications

Liquor

Authorizes an exclusive liquor store to sell alcoholic beverages at retail in original packages to the public for consumption off the licensed premises only. The City of Rochester is limited to 26 off-sale liquor licenses.

City Application Form Part I             
Part II
State Application

3.2 percent Malt Liquor (Beer)

City Application Form Part I             
Part II

Small Brewer - Off-Sale

Brew Pub - Off-Sale

Temporary Applications

1-4 Day Temporary Liquor On-Sale Permit

City Application Form Part I
State Application  

3.2 percent Malt Liquor/On-Sale Temporary

City Application Form Part I  

Temporary One-Day Consumption and Display Permit

City Application Form Part I
State Application  

Intoxicating Liquor/ On-Sale County Fair

City Application Form Part I  

Other License Types

Caterer's Permit

Caterer's Permits are issued directly by the State of Minnesota. Holders of on-sale intoxicating liquor licenses may apply for a caterer's permit with the State that will be auxiliary to the primary on-sale permit held by the licensee.

Any on-sale intoxicating liquor licensee holding a caterer's permit must notify the City Clerk and Police Chief of any catered event at least 7 days in advance of any event taking place within the City limits.

Fees

 License Type  Investigation Fee  Annual License Fee
 On Sale Intoxicating Liquor - Exclusive Liquor  $200/$300/$500  $3,200 +
$1,600 for each separate room 
or lounge area
 On Sale Intoxicating Liquor - Restaurants, Hotels  $200/$300/$500

 $3,200 +
$1,600 for each separate room
or lounge area

 On Sale Intoxicating Liquor - Club  $200/$300/$500  based on membership
 Wine  $200  $400
 3.2 percent Malt Liquor On-Sale  -  $300
 Brewer Taproom - On-Sale  -  $300
 Brew Pub - On-Sale  -  $300
 Bottle Club Permit (Consumption & Display Permit)  -  $150
 Special Sunday License  -  $200
 Dance License  -  $200
 2 a.m. License  -  (only state fee)
 Off-Sale Intoxicating Liquor   $200/$300/$500  $400
 3.2 percent Malt Liquor Off-Sale  -  $36
 Small Brewer Off-Sale  -  $36
 Brew Pub Off-Sale  -  $36
 Temporary On-Sale Intoxicating Liquor  -  $50
 Temporary On-Sale 3.2 percent Malt Liquor  -  $30
 One Day Consumption and Display  -  $25

 

Frequently Asked Questions about Liquor Licensing

Can wine be removed from a restaurant with a wine license?

Under Minn. Stat. 340A.404 Subd. 11, a person purchasing a full bottle of wine in conjunction with a meal from a restaurant licensed to sell intoxicating liquor or wine may take the bottle from the licensed premises, provided the bottle has been opened and the contents partially consumed.

How long does it take to approve a new license application?

Once an application is submitted, it must be thoroughly reviewed, including receiving sign off and approvals by multiple City departments. This can take a period of several weeks at times. It is important for applicants to work closely with the City Clerk's Office to ensure reasonable expectations are in place around when a license can be issued.