4-1-11: CONDITIONS OF LICENSE:
Every license is subject to the following conditions and all other provisions of this chapter and of any other applicable ordinance, state law, or regulation:
   A.   Insurance: Compliance with financial responsibility requirements of state law and of this chapter is a continuing condition of any license granted pursuant to this chapter.
   B.   Responsibility Of Licensee: Every licensee is responsible for the conduct in the licensed establishment, and any sale of alcoholic beverages by any employee authorized to sell such beverages in the establishment is the act of the licensee.
   C.   Inspections: Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee during business hours without a warrant.
   D.   Display During Prohibited Hours: No on-sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
   E.   Nudity And Sexual Conduct:
      1.   Prohibited Conduct: The following acts or conduct on premises holding an on-sale liquor or on-sale 3.2 percent malt liquor license are deemed contrary to public welfare and morals, and therefore, no liquor or 3.2 percent malt liquor license issued by the city shall be held at any premises where such conduct or acts are permitted:
         a.   To employ or use any person in the sale or service of setups of alcoholic beverages or 3.2 percent malt liquor in or about the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals or any portion of the female breast below the top of the areola.
         b.   To employ or use the service of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subsection E1a of this section.
         c.   To employ or use any person for the purpose of staging any nature of lingerie show in which the persons are unclothed or in such attire, costume or clothing as described in subsection E1a of this section.
         d.   To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.
         e.   To permit any employee or person to wear or use any device or covering exposed to view which simulates the breasts, genitals, anus, pubic hair or any portion thereof.
         f.   To permit any person to perform acts or acts which simulate:
            (1)   With or upon another person, sexual intercourse, sodomy, oral copulation, flagellation or any sexual acts which are prohibited by law.
            (2)   Masturbation or bestiality.
            (3)   With or upon another person, the touching, caressing, or fondling on the buttocks, anus, genitals or female breasts.
            (4)   The displaying of the pubic hair, anus, genitals or female breasts below the top of the areola.
         g.   To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above.
         h.   To permit any person to remain in or upon the premises who exposes to the public view any portion of his or her genitals or anus.
         i.   To permit the showing of film, still pictures, electronic reproduction or visual reproductions depicting:
            (1)   Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
            (2)   Any person being touched, caressed, or fondled on the breasts, buttocks, anus or genitals.
            (3)   Scenes wherein a person displays the vulva or anus or the genitals.
            (4)   Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
      2.   Violations; Penalties:
         a.   Revocation Or Suspension Of License: Violation of this subsection shall be grounds for revocation or suspension of any and all licenses held on such premises.
         b.   Misdemeanor Violation; Penalties: Whoever violates any provision of this subsection shall be guilty of a misdemeanor and subject to penalty as provided in section 1-4-1 of this code. (2005 Code)
   F.   Music:
      1.   Live Music: Any on-sale establishment within which live music is being performed must, at all times that the live music is being performed, keep all windows and doors to the establishment closed, except that doors may be opened only as long as necessary for employees and members of the public to enter and exit the establishment. (Ord. 2008-013, 12-15-2008; amd. Ord. 2009-026, 12-7-2009)
      2.   Amplified Music Played Outdoors: Any on-sale establishment that locates a speaker or other mechanism outdoors through which amplified music is played or broadcast shall not play such music at a volume level that constitutes a nuisance when heard from the property line of the premises.
      3.   Violation: In the event of a violation of this subsection F, or in the event a law enforcement officer determines that the music can be heard at the property line of the premises at a volume level which is deemed to be a nuisance, the city council may, in addition to any other penalties for violation of this subsection contained in this code, also prohibit live music from being performed in the licensed establishment or amplified music from being played outdoors for any period of time deemed necessary by the city council. (Ord. 2009-026, 12-7-2009)
   G.   Fire Code Violations:
      1.   Every licensee shall allow city officials to inspect the premises for fire code violations. If the licensee refuses to allow such inspection, the city council may refuse to issue or renew a license. (Ord. 2009-008, 3-2-2009)
      2.   Every licensee shall, within sixty (60) days after the city has given notice, remedy any fire code violations which endanger the lives of those on the premises including patrons and employees. If the licensee fails to remedy such violations, the city council may refuse to issue or renew a license, or may seek any remedy available under section 4-1-15 of this chapter.
   H.   Outdoor Activities: No on-sale establishment may provide any outdoor entertainment activity unless such activity is specifically allowed in the license or a special permit has been issued and the establishment meets all requirements of this chapter.
   I.   Building And Zoning Code Violations:
      1.   Every licensee shall allow city officials to inspect the premises at reasonable times for violation of any applicable building or zoning code. If the licensee refuses to allow such inspection, the city council may refuse to issue or renew a license.
      2.   Every licensee shall, within sixty (60) days after the city has given notice, remedy any building and zoning code violations. If the licensee fails to remedy such violations, the city council may refuse to issue or renew a license, or may seek any remedy available under section 4-1-15 of this chapter.
   J.   Daily Cleanup: All on-sale licensees shall daily clean up the public right of way abutting the licensed premises and the corresponding right of way across the street. Such cleanup shall include removing any litter from the public right of way.
   K.   Consumption To Occur Within Specific Area: For on-sale licensed establishments, alcohol may not be consumed on the premises unless consumption occurs within the compact and contiguous area specifically licensed for on-sale transactions, or unless consumption occurs within a specifically described and screened outdoor area specifically designated in the liquor license for the premises and unless the conditions in section 4-1-13 of this chapter are met. (Ord. 2009-026, 12-7-2009)
   L.   Brewery Taproom License:
      1.   A brewer may hold only one brewery taproom license, and may not have an ownership interest in a brewpub licensed under Minnesota statutes 340A.301, subdivision 6, clause (d).
      2.   If the brewer holds a wholesale license, the brewer may not distribute more than twenty thousand (20,000) barrels or manufacture more than twenty five thousand (25,000) barrels of its own brand of malt liquor annually. If an off-sale malt liquor license is also attained, the brewer may not manufacture more than twenty thousand (20,000) barrels annually.
      3.   The on-sale of malt liquor may only be sold Monday through Saturday, unless a Sunday sales license is attained, and during the hours that "on-sale" of liquor may be made.
      4.   A brewery must demonstrate compliance with all zoning ordinance standards pertaining to breweries with accessory taprooms.
      5.   All other provisions of this chapter shall be applicable to such licenses and licensees unless inconsistent with the provisions of this section.
      6.   Nothing in this section shall preclude the holder of a brewery taproom license from also holding a license to operate a restaurant at the taproom location.
   M.   Brewery/Brewpub License For Off-Sale Of Malt Liquor:
      1.   The amount of malt liquor sold at off-sale may not exceed five hundred (500) barrels annually.
      2.   Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in Albertville, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores.
      3.   The malt liquor must be packaged in sixty four (64) ounce containers known as growlers or in seven hundred fifty milliliter (750 ml) bottles, and must have the following packaging requirements:
         a.   Growlers must bear a twist type closure, cork, stopper or plug.
         b.   At time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container and extend over the top of the closure, forming a seal.
         c.   The band, strip or sleeve must bear the name and address of the brewer, and must be identified as malt liquor, contain the name of the malt liquor, and bear the name and address of the brewer selling the malt liquor, and shall be considered intoxicating liquor unless labeled otherwise.
      4.   The brewer seeking the off-sale license shall not brew more than twenty thousand (20,000) barrels of its own brands of malt liquor annually.
      5.   A brewpub's production of malt liquor for retail sales at on- or off-sale shall not exceed three thousand five hundred (3,500) barrels annually.
      6.   A brewer may only have one off-sale license. (Ord. 2014-07, 10-20-2014)