A. Statement Of Policy: The issuance of an "on-sale liquor", "special club intoxicating liquor", "on-sale wine", or "on-sale 3.2 percent malt liquor" license pursuant to this code will be limited to the sale and consumption of alcoholic beverages inside of a structure on the licensed premises, unless the licensee applies for and receives approval from the city council for a patio to allow the sale and consumption outside of a structure on the licensed premises.
B. Definition: "Patio" means any outdoor area located on the premises used for serving food or alcohol.
C. Regulations:
1. The patio shall not be enclosed in such a manner that the space becomes an indoor area as defined by Minnesota state statute.
2. The patio shall be attached to the licensed premises and share at least one common wall with the licensed premises building in accordance with Minnesota state statute. The patio shall not be part of a public street, sidewalk or other public grounds with the following exceptions for Antlers Park:
a. A covered patio is permitted to provide seating for the food and beverage concession building. The patio shall be adjacent but is not required to be attached to the concession building.
b. Alcoholic beverages sold at the food and beverage concession building shall be consumed within the fenced patio.
c. Sales of alcoholic beverages sold at the food and beverage concession building are limited to 11:00 a.m. to 9:00 p.m. unless extended hours are approved by the City Council.
3. Access to the patio shall be directly from the licensed premises with no direct access other than emergency exits.
4. The patio shall be clearly delineated by an approved fence at least forty two inches (42") in height or some other approved structure or barrier that is compact and contiguous to prevent the ingress or egress of persons to and from the patio.
5. Panic and fire exit hardware shall be installed on the emergency exit gates that are equipped with latches and shall comply with the Minnesota building code.
6. Patio screening may be required if the premises is adjacent to a residential district, consistent with the fencing/screening/landscaping provisions of this code.
7. Within the O-R and C-CBD districts, liquor and food may be served, dispensed, possessed, displayed, or furnished on an outdoor patio located within one hundred fifty feet (150') of a residential use between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. The hours can be extended to twelve o'clock (12:00) midnight on Friday and Saturday only provided:
a. An administrative permit to allow the extended hours must be submitted by the licensed business owner and approved by the city council.
b. An employee of the licensed premises shall be present on the patio during the extended hours.
c. No live or amplified music or entertainment is permitted on the outdoor patio during the extended hours.
d. Noise from the outdoor patio shall be in compliance with the regulations of Minnesota administrative rules chapter 7030.
e. The perimeter of the outdoor patio facing an abutting residential use shall include privacy fencing or landscape screening to a height of at least five feet (5').
f. The city council may revoke or alter the terms of the administrative permit for violation of the terms of the permit.
8. Within the C-1, C-2 and C-3 districts, liquor and food may be served, dispensed, possessed, displayed, or furnished on an outdoor patio located within one hundred fifty feet (150') of a residential use between the hours of seven o'clock (7:00) A.M. and eleven o'clock (11:00) P.M. Sunday through Thursday, and between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight on Friday and Saturday.
9. The licensee shall pay the additional number of metropolitan council SAC units as determined by the metropolitan council environmental services for the additional seating according to the type of service to be provided and, notwithstanding any other provision of this code, twenty five percent (25%) of the additional city sewer connection charge and water connection charge based upon the additional seating.
10. The premises shall be in compliance with the parking provisions of this code.
11. The patio shall have sufficient vehicle barriers installed to reduce the entry of vehicles into the patio if it is in direct contact with or immediately adjacent to a vehicle parking area.
12. The patio shall be in compliance with the noise amplification and dancing and outdoor entertainment provisions of this code.
13. The patio shall be in compliance with the glare provisions of this code.
14. The patio shall be in compliance with the sign provisions of this code.
D. Application; Site Plan:
1. The patio application shall contain a detailed description and site plan of the entire premises including the following: distance of the proposed patio from all property lines; current size and seating capacity of the licensed building; proposed patio size and seating capacity including table, chair, and aisle arrangements; current parking capacity and additional number of parking stalls required; additional number of city and metropolitan council SAC units as determined by the metropolitan council environmental services; fence and/or landscape barrier type and height; emergency exit gate hardware and locations; and vehicle barrier type and locations.
2. The complete patio application and site plan must be submitted to the city clerk for review and comment by the city clerk, planning department, inspections department, and police department, before submission to the city council for consideration of approval. City staff will review the patio application within thirty (30) days of receipt of a complete application for the applicable fire, building codes and zoning codes; past performance of the licensee in maintaining order and obeying applicable laws in the principal licensed premises; the adequacy of the proposal to provide for the safety of persons on the proposed premises; impacts on the surrounding properties including lighting and noise levels; and suitability of ingress and egress arrangements including control of persons entering and leaving for purposes of preventing consumption by minors.
3. If the patio application is approved by the city council, the licensee will be required to obtain and pay for any necessary city permits and fees. (Ord. 837, sec. 1, 4-21-2008; amd. Ord. 861, sec. 1, 12-21-2009; Ord. 941, 6-1-2015; Ord. 1073, 10-19-2022)