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A. Enlargement, Alteration Or Extension Of Premises: Proposed enlargement, alteration or extension of premises previously licensed shall be reported to the clerk at or before the time application is made for a building permit for any such change.
B. Occupancy Load Limits:
1. Intent And Purpose: In order to protect the safety of patrons, to allow safe evacuation in case of fire, and to prevent overcrowding, the chief building official shall establish the maximum number of persons that may be allowed in any on-sale licensed premises, including clubs.
2. Floor Plan: As part of the original on-sale license application, including club applications, and each renewal application, the proposed licensee shall submit to the city a floor plan of the interior of the premises which shall be drawn on a clean sheet of paper and list all interior dimensions. The plan shall show the location of permanent fixtures, the seating arrangements and seating capacity, and the location and width of exitways and aisles. If, when a renewal application is made, the premises layout has not changed from the floor plan already on file with the city, then the licensee need not submit another copy of the floor plan, but the licensee shall state on the renewal application that the floor layout has not changed.
3. Number Of Occupants: The chief building official shall determine the maximum number of occupants that can be allowed in the licensed premises. This determination shall be based on the floor plan and the building code.
4. Prevention Of Overcrowding: No licensee or employee thereof shall permit overcrowding or admittance of any person beyond the occupancy load limit set by the Minnesota state building code.
5. Posting Occupancy Load Limit: In plain sight and in prominent locations on the premises, the licensee shall post signs indicating the maximum occupancy load limit. The number and location of the signs shall be as required by the Minnesota state building code.
6. Right Of Entry: The chief building official shall be permitted to inspect the premises of any on-sale liquor establishment, including clubs, during normal business hours to determine the maximum occupancy limit or seating capacity of the building or review an earlier determination of that limit.
C. Temporary Expansion Of Premises:
1. After a hearing, the city council may approve a temporary amendment to an existing on-sale liquor license to allow the sale of alcoholic beverages 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 a special event no longer than two (2) days in duration;
c. No more than three (3) temporary amendments per year will be allowed for a licensee at any one establishment. A special license issued to a nonprofit 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 special event for which the 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;
e. Evidence that the licensee has the right to use the additional area; and
f. The fee specified in the city fee schedule.
3. The application for a temporary amendment to the liquor license shall be granted or denied by the city council in its discretion. (Ord. 1276, 1-27-2014)