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Wed., Aug. 18, 2004 - ORDINANCE 3616 AN ORDINANCE TO AMEND THE CODE OF THE CITY OF WINONA, MINNESOTA 1979 (08/18/2004)
Publication Date

Wednesday,

August 18, 2004

ORDINANCE 3616

AN ORDINANCE TO AMEND

THE CODE OF THE CITY OF

WINONA, MINNESOTA

1979

The City of Winona does ordain:

Section 1. That Chapter 55 of the City Code of Winona, Minnesota, 1979, which chapter is entitled "Liquor", be amended as follows:

"55.01 DEFINITIONS. For the purpose of this Chapter and applications for licenses the terms shall have the following meanings:

Kegs: Containers with a capacity of not less than 7 gallons (16 gallons or less,) designed for and capable of holding intoxicating liquor or 3.2 percent malt liquor to be dispensed from a removable tapper.

55.17 POSSESSION OF KEGS IN RESIDENTIALLY ZONED AREAS OF CITY.

(a) Limitation. No more than one (1) keg may be possessed within, or on the premises on which is located any dwelling unit, lodging house, fraternity house, or sorority house located in a residentially zoned area within the City. No dwelling owner or lessee shall possess or allow any other person to possess a keg contrary to this section.

(b) Identification Label or Tag. All kegs shall have affixed thereon, by the licensed off-sale retailer, an identification label or tag. The identification information contained on the label or tag shall include the licensed off-sale retailer's name, address and telephone number; a unique keg number assigned by the retailer; and a prominently visible warning that intentional removal or defacement of the label or tag is a criminal offense. The identification label or tag shall be removed only by the licensed off-sale retailer upon return of the keg to the off-sale retailer. Possession of a keg without the identification label or tag affixed thereto in a residentially zoned area of the City is prohibited. The presence of a keg without the identification label or tag affixed thereon shall be prima facie evidence that the owner/tenant of the premises on which the keg is found has violated this code section.

(c) Application for Permit. Any person desiring to obtain a permit to possess more than one (1) keg shall fill out an application at the City Clerk's office setting forth the applicant's full name, address, telephone number, the address within the City where the applicant will be possessing the kegs, and the reason or reasons why more than one keg should be permitted. In addition, the applicant shall be required to provide proof of identity and age in the form of a valid Minnesota driver's license or identification card, or valid driver's license from another jurisdiction. Falsifying any information requested on the permit application shall constitute a violation of this ordinance. The application shall be presented to the City Council for approval.

(d) Exceptions. Any person or premises licensed under any other provision of state law or local ordinance may possess more than one (1) keg and is specifically exempted from the provisions of this section.

(e) Penalties. Any violation of this section shall be punishable as a misdemeanor.

Section 2. That this ordinance shall take effect upon its publication.

Dated this 16th day of August, 2004.

Jerome S. Miller Mayor

Monica Hennessy Mohan

City Clerk 

 

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