All licenses and permits issued under this chapter shall be subject to the following conditions, all other requirements of this chapter, and all other applicable laws of the city and State of Minnesota unless otherwise clearly inapplicable. The failure of a licensee to meet any one of the conditions specified below, comply with all other requirements of this chapter or any other City Code provision, or comply with any applicable state or federal law may result in the suspension or revocation of a license or permit and/or imposition of a civil penalty.
(A) Every license shall be posted in a conspicuous place in the premises for which is issued.
(B) No license shall be effective beyond the compact and contiguous space for which it was granted. A person must not possess open containers of alcoholic beverages or consume alcoholic beverages on the premises under the licensee’s control outside of the licensed structure or in any area of the licensed premises that was not designated for those activities in the license application.
(C) No alcoholic beverage sales or service shall be made during the hours or days such sales are prohibited by state law or this chapter or to any person to whom sale is prohibited by state law.
(D) Every licensee is responsible for the conduct of the place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this chapter and the law equally with the employee. The licensee shall be liable for the administrative penalties imposed by this chapter upon a finding that the license holder or its employees have committed one or more of the acts prohibited by this chapter or state law.
(E) Every licensee shall allow any peace officer, health officer, city employee, or any other person designated by the Council to conduct compliance checks and to otherwise enter, inspect, and search the premises of the licensee during business hours and after business hours during the time when customers remain on the premises without a warrant.
(F) No on-sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
(G) Compliance with financial responsibility requirements of state law and this chapter is a continuing condition of any license.
(H) Failure by on off-sale intoxicating liquor license who has received a fee reduction pursuant to comply with the requirements for the fee reduction.
(I) Each license shall be issued to the applicant only for the premises described in the application. No license may be transferred to another person or place without the prior approval of the Council and the filing of an application for a new license. Any transfer of stock of a corporate licensee, partnership interest in a partnership, or membership interest in a limited liability company shall be deemed to be a transfer of the license, and such transfer without prior Council approval is grounds for revocation of the license.
(J) Licenses and permits approved by the Council shall not be effective until approved by the Minnesota Department of Public Safety if such approval required by state statute.
(K) Each licensee or permit holder has the continuing duty to promptly notify the City Clerk of any change in the information or facts required to be furnished on a license or permit application. This duty continues throughout the period of the license or permit.
(L) Proposed enlargements, alterations, or extension of license premises shall be reported to the clerk at or before the time application is made for a building permit for any such change. Except incident to a sale made pursuant to a temporary license or permit, no person shall consume alcoholic beverages while in the parking area of any school, college, park, government facility, shopping center or commercial establishment. Except incident to a sale made pursuant to a temporary license or permit issued by the city, no person in the parking area of any school, college, park, government facility, shopping center or commercial establishment shall have in his/her possession on his/her person any bottle or receptacle containing an alcoholic beverage which has been opened or the seal broken or the contents of which have been partially removed.
(M) As a condition of a temporary licnese or permit, the Council may require the presence of one or more uniformed police officers during the use of the license or permit.
(Ord. 645, passed 8-24-2015)