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CHAPTER 14 <br />Operation of a municipal liquor store <br />Jewel Belting Co. v. Village of <br />City councils are responsible for the operation of the municipal <br />Bertha, 91 3 Minn. 9, . 218R N.W. <br />424 (1903): A.G. Op. 218R <br />liquor store. They may delegate ministerial duties relating to <br />e <br />(July 13,1962). <br />the daily operations of the store to a liquor store manager or <br />commission. The council may not delegate any policy - making <br />A.G. Op. (July 27, 1981). <br />powers, nor may it give employees authority to approve <br />disbursement of funds in the liquor account. A city may not <br />contract with a private corporation for the management and <br />operation of a municipal liquor store. <br />A.G. op. 218 -h -2 (Apr. 5, <br />961 ). <br />A liquor store manager who acts under the direction of the <br />council is usually in charge of the store. There is some <br />question as to whether a manager may participate in the profits <br />of the store in lieu of, or in addition to, a salary. In an opinion <br />arguing that a manager who was allowed to share in the profits <br />would become a private licensee, the attorney general <br />determined that such an arrangement was prohibited. At the <br />time of that opinion, however, split liquor was not authorized, <br />thus, it is not clear how a ruling would be made under current <br />law. <br />Minn. Stat. § 340A.601, subd. <br />1. <br />Besides intoxicating liquors, municipal liquor stores may sell <br />and serve cigars, cigarettes, all forms of tobacco, soft drinks, <br />beer, ice and food for consumption on the premises. The <br />ordinance establishing a liquor store should state which of <br />these items the store may sell. A municipal liquor store may <br />offer recorded or live entertainment and coin- operated <br />amusement devices. If it offers music, it must pay fees to the <br />American Society of Composers, Authors, and Publishers <br />(ASCAP) and Broadcast Music, Inc. (BMI), who collect <br />copyright royalties. (See Chapter 13 for a discussion on the <br />authority to sell pull -tabs at a municipal liquor store.) <br />The city must promptly report any change in location of the <br />Schapiro, Dreamland Ballroom v. <br />Schapiro, 3 36 F.2d 354 (7th Cir. <br />municipal liquor dispensary to the liquor control division, or <br />1929). <br />any change in the method of sale, as from on- or off -sale to <br />off -sale only. <br />Minn. Stat. § 412.271, subd. 1. <br />Although the law doesn't require it, the state auditor has <br />recommended that cities maintain a separate liquor store fund <br />for each store. Otherwise, all liquor store receipts and <br />disbursements must go through the general fund. All liquor <br />store receipts must go to the treasurer, and the city must make <br />all disbursements in the same manner as for all other city <br />disbursements. <br />347 <br />24- <br />