(A) Generally. The failure of a licensee to meet any 1 of the following conditions of the license specified below shall result in a suspension or revocation of the license.
(B) Conditions.
(1) Every licensee is responsible for the conduct within the place of business. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee.
(2) The licensee is responsible for having the issued adult use-primary business license posted and clearly visible and readable to the public in a prominent location.
(3) The licensee is responsible for having the issued adult use-primary manager license(s) for the on duty manager(s) posted and clearly visible and readable to the public. Any such posted license is deemed evidence that the manager is on duty and responsible for conduct on the premises.
(4) Every licensee shall allow, without a warrant, any peace officer, health officer, city employee, or any other person designated by the City 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.
(5) One or more manager’s stations are required to maintain visibility of all public areas within the licensed establishment.
(a) The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager(s) station of the entire area of the premises to which any patron is permitted access for any purpose excluding restrooms. If the premises has 2 or more manager stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least 1 of the manager stations. The view required in this subsection must be by direct line of sight from the manager station. In lieu of a manager station, a camera and video recording device covering all public areas (except rest rooms) may be utilized. In the event a video recording device is utilized, management is required to maintain recordings for all hours of operation for no less than 60 days. Managers are responsible for maintaining and ensuring that the recording equipment is working appropriately. Failure to have complete recordings of the previous 60 days may result in the imposition of points against the business and/or manager license.
(b) A manager station may not exceed 32 square feet of floor area.
(c) It is the duty of the owner and operator of the premises to ensure that at least 1 licensed manager is on duty and situated in each manager station at all times that any patron is present inside the premises.
(d) It shall be the duty of the operator, and it shall also be the duty of any licensed manager present in the premises, to ensure that the view area specified in division (B)(5)(a) above remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times
(e) It shall be the duty of the operator, and it shall also be the duty of any licensed manager present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted.
(6) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 5.0 foot-candle as measured at 3 feet above floor level. It shall be the duty of the operator, and it shall also be the duty of any licensed manager present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(7) The exterior of the premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every parking area, driving lanes, sidewalks, and an area 20 feet in front of all doors at an illumination of not less than 1.5 foot-candle as measured at the ground. It shall be the duty of the operator, and it shall also be the duty of any licensed manager present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(8) Hours of operation, open to the public, are limited to between 8:00 a.m. and 1:00 a.m. of the subsequent calendar day on Sundays through Thursdays.
(9) Hours of operation, open to the public, are limited to between 8:00 a.m. and 3:00 a.m. of the subsequent calendar day on Fridays and Saturdays.
(10) No person, other than the licensee and any employee, shall remain on the licensed premises, including parking and other exterior areas, more than 30 minutes after the close of hours of operation.
(11) The possession or use of a controlled substance as defined under M.S. Chapter 152, as it may be amended from time to time, is prohibited at the licensed establishment.
(12) The sale or consumption of intoxicating liquor or 3.2% malt liquor in violation of the Ordinance for Liquor Licensing and Regulation is prohibited at the licensed establishment.
(13) Prostitution, solicitation, inducement, or promotion of prostitution, or coercion of prostitution as defined under M.S. §§ 609.321 through 609.322 and 611A.80, as they may be amended from time to time, is prohibited at the licensed establishment.
(14) Engaging in specified sexual acts is prohibited at the licensed establishment.
(Ord. 223, passed 1-21-2003) Penalty, see § 10.99