A. General Requirement: No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the city any intoxicating liquor without a license to do so as provided in this chapter. Each license shall be issued for a maximum period of one year, expiring on June 30 of each year. All licenses shall expire on the same date except temporary licenses that shall expire according to their terms. Liquor licenses shall be of eight (8) kinds: on-sale, temporary on-sale, on-sale wine, off- sale, club licenses, on-sale brewer taproom, off-sale growler, and Sunday liquor licenses.
B. Classifications:
1. On-Sale Intoxicating Liquor Licenses: On-sale intoxicating liquor licenses shall be issued only to those establishments allowed under Minnesota Statutes, Section 340A.404, Subd. 1. On-sale liquor licenses shall permit the sale of intoxicating liquor consumption on the licensed premises only.
2. On-Sale Wine Licenses: On-sale wine licenses shall be issued only to restaurants meeting the qualifications of Minnesota statutes section 340A.404, subdivision 5, and shall permit only the sale of wine not exceeding fourteen percent (14%) alcohol by volume for consumption on the licensed premises only in conjunction with the sale of food. The holder of an on-sale wine license who is also licensed to sell three and two-tenths percent (3.2%) malt liquor at on-sale pursuant to article A of this chapter, and whose gross receipts are at least sixty percent (60%) attributable to the sale of food, may also sell malt liquors at on-sale without an additional license.
3. a. Temporary On-Sale Licenses: Subject to the approval of the commissioner of public safety, temporary on-sale licenses shall be issued only to clubs or charitable, religious, or other nonprofit organizations in existence for at least three (3) years. A temporary license authorizes the on-sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee and subject to restrictions imposed by the state liquor act.
b. The City may issue to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer.
The terms and conditions under Minnesota Statute 340A.404, Subd. 10 shall apply to temporary on-sale licenses.
4. Off-Sale Intoxicating Liquor Licenses: Off-sale licenses shall be issued only to exclusive liquor stores and shall permit off-sales of liquor only.
5. Special Club Licenses: Special club licenses shall be issued only to incorporated clubs or congressionally chartered veterans' organizations which have been in existence at least three (3) years.
6. On-Sale Brewer Taproom Licenses: An on-sale brewer taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer, subject to the restrictions of this chapter and Minnesota statutes, section 340A.301, subdivision 6b, as it may be amended from time to time.
7. a. Off-Sale Growler Licenses: An off-sale growler license authorizes off-sale of malt liquor produced by a brewer and packaged in sixty four (64) ounce or seven hundred fifty milliliter (750 ml) containers that are designed, sealed and labeled pursuant to Minnesota statutes section 340A.285, as it may be amended from time to time. Only brewers licensed under Minnesota statutes section 340A.301, subdivision 6(d), (i) or (j) are eligible for an off-sale growler license, subject to the limitations set forth in section 340A.285 of that statute. The off-sale of growlers may be conducted on Sundays with a Sunday growler off-sale license. All Sunday sales may be made between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M.
b. Brewer Off-Sale Malt Liquor Licenses: Brewer off-sale malt liquor licenses may also be issued, with approval of the commissioner, to a holder of a brewer's license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j) and meeting the criteria established by Minn. Stat. § 340A.29 as may be amended from time to time. The amount of malt liquor sold at off-sale under this license may not exceed one hundred and twenty-eight (128) ounces per customer per day. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. Packaging of malt liquor for off-sale under this license must comply with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120.
8. Special License For Sunday Sales: A special license authorizing sales on Sunday in conjunction with the serving of food may be issued to any hotel, restaurant or club which has facilities for serving at least thirty (30) guests at one time, and which has an on-sale license. The provisions of Minnesota statutes section 340A.504, subdivision 3, relating to Sunday sales of intoxicating liquor are adopted and made a part hereof, except, however, that the closing time for all licenses shall remain at one o'clock (1:00) A.M. even though said chapter has now authorized a later closing time. A special Sunday license is not needed for Sunday sales by wine licensees. Separate application for the license shall be made in the manner set forth below.
9. Combination On-Sale/Off-Sale Licenses: Combination on-sale/off-sale licenses shall only be issued to restaurants meeting the qualifications of Minnesota statutes section 340A.101, subdivision 25. All sales of alcohol must be sold in conjunction with a sale of food.
C. Nonenclosed Premises:
1. An applicant may make application to have an area that is contiguous to the completely enclosed licensed premises included in the area licensed to permit the sale and consumption of intoxicating or 3.2 percent malt liquor in such contiguous area that is not wholly within a completely enclosed building.
2. The building official shall review the suitability of the proposed nonenclosed premises in light of the applicable fire, building, and life safety codes, zoning ordinances, design standards, the adequacy of the proposal to provide for the safety of persons on the premises, impact on the surrounding properties, adequacy of lighting, appropriateness of noise levels, suitability of ingress and egress arrangements including control of person entering and leaving for purposes of preventing consumption by minors and safety of seating arrangements.
3. Nonenclosed areas that immediately abut parking areas that have a bumper overhand onto a sidewalk shall be set back not less than seven feet (7') from the curb line or pavement edge.
4. Outdoor dining areas located along an area where a handicap accessible route is required shall maintain or provide an unobstructed walkway measuring not less than five feet (5') in clear width adjacent to the outdoor dining area. No tables, seating, enclosures for outdoor dining, or signage (e.g., handicap, restricted parking) shall be located within this required walkway. This five foot (5') wide unobstructed walkway may be located in the seven foot (7') setback specified between outdoor dining areas and adjacent curbs because the seven foot (7') setback accounts for a two foot (2') bumper overhang.
5. Barriers for the nonenclosed area must be constructed of upgraded fence or barrier materials to be reviewed and approved by the city such as wrought iron, brick and/or natural stone material(s) and the like. Barriers for the nonencolsed area shall be constructed at a minimum of forty two inches (42") high with a minimum two foot (2') landscaped buffer. In place of the two foot (2') landscaped buffer, a series of planters containing vegetation to screen ten percent (10%) of the fencing may be allowed. Any opening in the barrier shall be spaced such that visibility is allowed but the passage of an alcoholic beverage through the opening to a person that is not within the nonenclosed premises area is prohibited. The primary access and egress will be from the main premises or structure and no other access or egress will be allowed other than those required as emergency exits. The outdoor sale area will be defined or structurally constructed so as to prohibit the free passage of any person or substance beyond said area.
6. Any establishment offering outdoor liquor service must file with the city clerk evidence on insurance insuring against liability imposed by law arising out of the ownership, maintenance, or operation of such liquor service. The certificate must state that all coverage afforded to the enclosed premises is extended to the nonenclosed area. The certificate must further state that coverage may not be canceled except upon ten (10) days' written notice filed with the city clerk. Sale of liquor within the nonenclosed area must cease at any time the required insurance is not in place.
7. There shall be no live music allowed on nonenclosed premises except in the case of a special event, which has prior approval of a special event permit. Amplified music shall be kept at a level that is not intrusive to adjacent properties. Unless the establishment has obtained a conditional use permit from the city.
8. Additional parking needs service connection fees for nonenclosed areas shall be reviewed by the city on a case by case basis.
9. Any action of the city allowing outdoor sales must be deemed experimental and as such, no expectation must be had by the licensee that the outdoor area will continue to be permitted through annual licensing, even though no misconduct occurred in the outdoor area.
D. Temporary Amendments To On-Sale Licenses:
1. The city council may approve a temporary amendment to an existing on-sale, on-sale wine, or Sunday on-sale intoxicating liquor license to allow the sale of liquor in an area outside the licensed premises if the council determines in its sole discretion that the following criteria are met:
a. The area to be used must be immediately adjacent to the licensed premises;
b. The area will be used in connection with an event no longer than three (3) days in duration;
c. No more than four (4) temporary amendments per year will be allowed for a licensee at one establishment. A special license issued to a non-profit organization which contracts with the licensee for provision of service will be counted as part of this total;
d. Adequate measures will be taken to control access to the additional area, to ensure that alcoholic beverages are not sold to minors and are not carried outside of the licensed premises and the additional area;
e. Adequate measures will be taken to ensure that there will be no violation of the city's noise ordinance;
f. The use of the additional area will not decrease available parking below that required by the zoning ordinance for the licensed premises;
g. The use of the additional area will not unreasonably impede traffic circulation;
h. The licensee has obtained adequate liability insurance for the additional area; and
i. The issuance of the temporary amendment would not be adverse to the public health, safety and welfare.
2. To obtain a temporary amendment, the licensee must submit an application accompanied by:
a. A diagram showing the expanded area to be used;
b. A detailed description of the event for which the additional area will be used;
c. A detailed description of the security measures to be used;
d. Evidence that the licensee has liability insurance to cover the additional area; and
e. Evidence that the licensee has the right to use the additional area. (Ord. 2012-2, 4-3-2012; amd. Ord. 2014-09, 5-6-2014; Ord. 2015-08, 5-19-2015; Ord. 2020-003, 4-7-2020; Ord, 2002-04, 6-2-2020; Ord. 2022-004, 6-7-2022; Ord. 2023-006, 2-7-2023; Ord. 2023-014, 9-19-2023)