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<br />. .~ <br /> ! <br />. <br /> . <br /> , <br /> , <br /> I. General Discussion <br /> M.S. 340.14, Subd. 5 authorizes the one-sale of liquor on <br /> Sunc1ays under careully restricted conditions, including a <br /> referendum requirement. By the terms of the act, municipalities <br /> may issue special Sunday liquor licenses to hotels, restaurants <br /> or clubs as defined in M.S. 340.07 which have on-sale liquor <br /> licenses and which have facilities for serving not less than <br /> 30 guests at one time. For definition of the terms "hotel" and <br /> Ilrestaurant II see Section V of this memo. Liquor may be sold <br /> between the hours of 12 o'clock noon and l2'o'clock midnight, in <br /> conjunction with the serving of food. It is not necessary that <br /> the patton actually be served a meal in order to be served <br /> liquor (A.G. Op. 218g-19, August 7, 1967) . <br /> . The annual fee for a special Sunday liquor license may not <br /> exceed $200. The $200 sunday liquor license fee maybe imposed <br /> in addition to the $lOO macimum on-sale license fee chareable to <br /> clubs or veterans' organizations under M.S. 340.11, Subd. ll. <br /> No such special license may be issued until authorized by the <br /> voters voting on the question at a special or general election. <br /> No electicm procedures are prescribed other than such an election <br /> is to be conducted in accordance with the Minnesota election la~l7. <br /> Apparently then, a special election would be held in accordance <br /> with the provi.sions of M.S. 205.10 or applicable charter provisions <br /> in charter cities. By the terms of M.S. 205.l0 a city council <br /> may call a special election on its own motion but if a petition <br /> signed by a number of voters equal to 20% of the votes cast at <br /> the last city election is filed with the clerk, it is mandatory <br /> that the council hold the election. The same may be true in <br /> charter cities depending upon individual charter provisions. For <br /> a fullet discussion of special election procedures, see "A <br /> Handbook for Statutory Cities". See Exhibit "A" <br /> II. Amendment of Liquor Ordinance <br /> Althow;h the law does not specify when the results of such an <br /> election become effective, it would appear that the municipality <br /> could issue special Sunday licenses following the election "judqes' <br /> certification of the results to the council. However, before <br /> issuing such licenses, the council should amend its present <br /> liquor-licensing ordinance to authorize their issuance. That <br /> portion of the ordinance regulating hours of sale should also be <br /> changed. A suggested form of amendment which may be adapted to <br /> most such ordinances is as follows: <br /> Section . License Required. <br /> Subdivision . Special Sunday On-Sale <br /> License. Special on-sale licenses for the sale of intoxicat~ <br /> ing liquor on Sunday shall be issued only to hotels, restaur- <br /> ants, and clt!ps:as~::define0,in ,~ini1eseta Statutes 340 ~07. All <br /> sales of liqllor .by suchestablishmentsc:.shal1~_be::_i!1 accordance <br /> with 1.1. S. 340.14, Subd. 5 . <br /> Section '" . Hours. No intoxicating liquor <br /> shall be sold arter 1 a.m. on Sunday, except hotels, restaur- <br /> ants and clubs having special Sunday on-sale liquor licenses <br /> may serVe intoxicating liquor between the hours of l2 o'clock <br /> noon and l2 o'clock midnight on Sunday. <br /> III. Filing <br /> Although there is no filing requirement in the act, it would <br /> seem to be good practice for the COUncil to file the certificate <br /> of election with the Liquor Control Director. <br />