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Mayer, MN Code of Ordinances
MAYER, MINNESOTA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
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§ 111.03 DEFINITIONS.
   In addition to the definitions contained in M.S. § 340A.101, as it may be amended from time to time, for the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   LIQUOR. As used in this chapter, without modification by the words an “intoxicating” or a “3.2 percent malt” includes both intoxicating liquor and 3.2 percent mall liquor.
   PREMISES OR LICENSED PREMISES. The compact and contiguous space specified in the license.
   OUTDOOR AREA. Any area that is not bounded by the walls, doorways, and closeable windows covering 100% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall does not include any retractable divider, garage door, or other physical barrier, whether temporary or permanent.
   RESTAURANT. Establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public and having a minimum seating capacity of 30 guests. A RESTAURANT must have a license from the Minnesota Commissioner of Health or the Minnesota Commissioner of Agriculture.
(Ord. 172, passed 7-25-11; Am. Ord. 177, passed 4-23-12)
§ 111.04 NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS PROHIBITED.
   (A)   The City Council finds that it is in the best interests of the public health, safety, and general welfare of the people of the city that nudity is prohibited as provided in this section on the premises of any establishment licensed under this chapter. This is to protect and assist the owners, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this chapter, as set forth in this section, reflects the prevailing community standards of the city.
   (B)   It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material.
   (C)   A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or any other license issued under this chapter or the imposition of a civil penalty under the provisions of § 111.99(B).
(Ord. 172, passed 7-25-11) Penalty, see § 111.99
§ 111.05 CONSUMPTION IN PUBLIC PLACES.
   (A)   No person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this chapter, in a municipal liquor dispensary if one exists in the city, or where the consumption and display of liquor is lawfully permitted.
   (B)   No on-sale or off-sale license shall be effective or valid beyond the licensed premises. No alcoholic beverages shall be sold, served or consumed outside of the licensed premises as described in the application for a license and as approved by the city.
(Ord. 172, passed 7-25-11) Penalty, see § 111.99
§ 111.06 OUTDOOR AREAS, PATIOS AND DECKS.
   Consumption of alcohol in outdoor areas, patios or decks adjacent to the licensed premises (hereinafter sometimes referred to as the “outdoor area”) is allowed under this section but subject to the following conditions.
   (A)   The applicant for a liquor license or for renewal of a license shall include in the application a request that the license allow the consumption of alcohol in an outdoor area or on a patio or deck in compliance with this section. Alcohol shall not be sold or served in the outdoor area unless a special event permit has been obtained as provided in subsection (N).
   (B)   The outdoor area shall be immediately adjacent to the building or structure comprising the remainder of the licensed premises and shall be no closer than ten feet from any adjacent residential property.
   (C)   The application shall contain the street address and a scaled drawing or diagram of the location of the premises to be licensed including the outdoor area, patio or deck and describing the proposed fencing and lighting as required herein.
   (D)   A fence permit as provided by § 152.093 of the Code of Ordinances of the City of Mayer is required.
   (E)   (1)   Any exterior stairway or ramp access to an outdoor area must be gated so as to require all persons using the outdoor area to enter and exit such area through the building or structure comprising the remainder of the licensed premises.
      (2)   However, if the configuration of the licensed premises is such that the fenced outdoor area constitutes the main entrance used by customers for access to the building or structure, the Council, upon written request by the licensee, may allow access to the main building through the outdoor area under such conditions as the Council may determine appropriate.
   (F)   If any portion of the outdoor area lies within 200 feet of a residential district, the outdoor area shall be screened in a manner approved by the City Council so as to prevent viewing of the outdoor area from the residential district and to dampen noise and/or deflect noise away from the residential district.
   (G)   Exterior lighting for the outdoor area shall promote public safety and be designed and installed so that the globe is recessed and enclosed on all sides except the bottom and no light is cast directly at any other property.
   (H)   The outdoor area and surrounding landscaping shall be designed to complement the building or Mructure comprising the remainder of the licensed premises structure.
   (I)   The outdoor area shall comply with all applicable laws, zoning district regulations and building codes, including but not limited to those relating to handicap accessibility.
   (J)   The licensee’s dram shop liability carrier shall have acknowledged, in writing, that the outdoor area is covered by dram shop insurance.
   (K)   The outdoor area shall meet all such other requirements as the City Council finds necessary or desirable to protect nearby properties and the public.
   (L)   Additional requirements applicable to licensed outdoor areas:
      (1)   An employee must be assigned to supervise the outdoor area at all times if alcohol is allowed to be sold or served in the outdoor area pursuant to a special events permit as provided by subsection (N);
      (2)   Any activity that would disturb the peace of the surrounding area is prohibited in or on the outdoor area, patio or deck. This includes the prohibition against the use of any device designed to produce, reproduce or amplify sound, including, but not limited to loud speakers, amplifiers, microphones, radios, televisions or musical instruments; and
      (3)   The licensee or his employees shall:
         (a)   Remove any person from the outdoor premises thai becomes unruly or noisy;
         (b)   Maintain at least one waste receptacle in the outdoor area;
         (c)   Maintain at least one fire safe cigarette disposal receptacle in the outdoor area;
         (d)   Pick up trash and litter generated by the operation of the outdoor area within a reasonable distance from the outdoor area; and
         (e)   Provide and maintain a fire extinguisher in the outdoor area.
   (M)   The licensee may allow smoking on or in the outdoor area, patio or deck, provided that such smoking is in full compliance with the Minnesota Freedom to Breath Act of 2007.
   (N)   Special events. The City Council may waive any of the conditions imposed under this section for special events upon written request submitted by the licensee at least 15 days prior to the special event as may be deemed appropriate and reasonable by the City Council. A special events permit shall be obtained from and provided by the city for such event.
(Ord. 172, passed 7-25-11) Penalty, see § 111.99
§ 111.07 RAFFLES, SILENT AUCTIONS AND FUNDRAISING EVENTS FOR CHARITABLE PURPOSES OF WINE, BEER OR INTOXICATING LIQUORS.
   No person shall conduct a silent auction, raffle of other fundraising event pursuant to M.S. § 340A.707 with prizes or awards of wine, beer or intoxicating liquors without notifying the City Clerk of the event al least ten days prior to the occurrence of the event. The event holder shall provide the city with the following information: the person or organization holding the event, the day, time and location of the event, type of fund raising event (silent auction, raffle or otherwise), type and amount of wine, beer, intoxicating liquor to be awarded as prizes, and the charitable purposes to which the event proceeds will be donated.
(Ord. 172, passed 7-25-11) Penalty, see § 111.99
§ 111.08 NUMBER OF LICENSES WHICH MAY BE ISSUED.
   State law establishes the number of liquor licenses that a city may issue. However, the number of licenses which may be granted under this chapter is limited to the number of license which were issued as of the effective date of this chapter, even if a larger number of licenses are authorized by law or election. The Council in its sound discretion may provide by ordinance that a larger number of licenses may be issued up to the number of licenses authorized by M.S. Ch. § 340A, as it may be amended from time to time. If a larger number of licenses in a particular category has been authorized by a referendum held under the provisions of M.S. § 340A.413, subd. 3, as it may be amended from time to time, but not all of them have been issued, the larger number of licenses is no longer in effect until the Council by ordinance determines that any or all of the licenses may be issued. The Council is not required to issue the full number of licenses that it has available.
(Ord. 172, passed 7-25-11)
§ 111.09 TERM AND EXPIRATION OF LICENSES.
   Each license shall be issued for a maximum period of one year. All licenses, except temporary licenses, shall expire on the last day of February of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Consumption and display permits issued by the Commissioner of Public Safety, and the accompanying city consent to the permit, shall expire on March 31 of each year.
(Ord. 172, passed 7-25-11)
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