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(A) The Council, without obligation, may grant permission to a holder of a retail on-sale liquor license to dispense liquor at a community festival held within the city limits.
(B) The authorization shall specify the area in which the liquor shall be dispensed and consumed and shall require that the license holder provide the city with proof of liability insurance as prescribed by M.S. § 340.404(4)(b), as it may be amended from time to time, to cover the event and to comply with other requirements as the Council may specify, including, but not limited to, those as may be recommended by any organization board of directors, or management, which organization is the sponsor, license holder or primary organizer and operator of the festival for which a retail on-sale license is requested hereunder.
(2003 Code, § 5.92) (Ord. 110, passed 1-10-2003)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUDITY. Uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.
OBSCENE PERFORMANCE. A play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sado-masochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.
OBSCENITIES. Those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.
SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT. Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SEXUAL EXCITEMENT. The condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
(B) Unlawful act. It is unlawful for any person issued a license provided for in this chapter to permit upon licensed premises any nudity, obscene performance or continued use of obscenities by any agent, employee, patron or other person.
(2003 Code, § 5.95) Penalty, see § 10.99
Brewer off-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to a brewer that is a licensee under § 115.50 (brewer taproom license) below, or that produces fewer than 3,500 barrels of malt liquor in a year and otherwise meets the criteria established at M.S. § 340A.301(6)(d) and (7)(b), as it may be amended from time to time. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the city. Malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by M.S. § 340A.301(7) as it may be amended from time to time. Sales under this license may not exceed 500 barrels per year. If a brewer licensed under this section possesses a license under § 115.50 (brewer taproom license) below, the brewer's total retail sales at on-sale or off- sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
(Ord. 167, passed 5-5-2014)
Brew pub on-sale intoxicating liquor or on-sale 3.2% malt liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to brewers who meet the criteria established at M.S. § 340A.301(6)(d) and (7)(b), as it may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per year. If a brew pub licensed under this section possesses a license for off-sale under § 115.49 (craft brew license) above, the brew pub's total combined retail sales at on sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels. Nothing in this section shall preclude the holder of a brewer taproom license from also holding a license to operate a restaurant at the taproom location.
(Ord. 167, passed 5-5-2014)