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20 ' CHAPTER 14 Operation of a.munieipal liquor store Jewel Belting Co.v.village of City councils are responsible for the operation of the municipal Bertha,91 Minn.9.97 N.W. liquor store.They may delegate ministerial duties relating (July 133,,19 62). to 424(1 A.G.op.2tsR the daily operations of the store to a liquor store manager or 19 commission.The council may not delegate any policy-making A.G.Op.(July 27,198 1). powers,nor may it give employees authority to approve disbursement of funds in the liquor account A c•t may not contract with a private corporation for the management and operation of a munlclpa 1 uor store. A.G.op.218-h-2(Apr.5, A liquor store manager who acts under the direction of the . 1961). council is usually in charge of the store.There is some question as to whether a manager may participate in the profits of the store in lieu of,or in addition to,a salary.In an opinion arguing that a manager who was allowed to share in the profits would become a private licensee,the attorney general determined that such an arrangement was prohibited.At the time of that opinion,however,split liquor was not authorized, thus, it is not clear how a ruling would be made under current • law.. Minn.scat.§34OA.601,subd. Besides intoxicating liquors,municipal liquor stores may sell t and serve cigars,cigarettes,all forms of tobacco,soft drinks, beer,ice and food for consumption on the premises.The ordinance establishing a liquor store should state which of these items the store may sell.A municipal liquor store may offer recorded or live entertainment and coin-operated amusement devices.If it offers music,it must pay fees to the American Society of Composers,Authors,and Publishers (ASCAP)and Broadcast Music,Inc.(BW,who collect copyright royalties. (See Chapter 13 for a discussion on the authority to sell pull-tabs at a municipal liquor store.) The city must promptly report any change in location of the Dreamland Ballroom V. Schapiro,36 F.2d 354(7th Cir. municipal liquor dispensary to the liquor control division,or 1929). any change in the method of sale,as from on-or off-sale to off-sale only. Minn.star.§412.271,subd. 1. Although the law doesn't require it,the state auditor has recommended that cities maintain a separate liquor store fund for each store.Otherwise,all liquor store receipts and disbursements must go through the general fund.All liquor store receipts must go to the treasurer,and the city must make • all disbursements in the same manner as for all other city disbursements. 347