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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
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
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)
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)
The Council is authorized to issue the following licenses and permits, up to the number specified in § 111.08.
(A) 3.2 percent malt liquor on-sale licenses, which may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks.
(B) 3.2 percent malt liquor off-sale license.
(C) Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization.
(D) Off sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off sale license which was first issued on or before May 1, 1994. The fee for an off sale intoxicating liquor license established by the Council under § 111.11 shall not exceed $240 or a greater amount which may be permitted by M.S. § 340A.408, subd. 3, as it may be amended from time to time.
(E) On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by M.S. § 340A.101, as it may be amended from time to time, and this chapter: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans organizations, theaters and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under § 111.11 shall not exceed the amounts provided for in M.S. § 340A.408, subd. 2b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of M.S. § 340A.404, subd. 4b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the city, under the provisions of M.S. § 340A.404, subd. 4a, as it may be amended from time to time. The licensee shall not dispense intoxicating liquor to any person attending or participating in a youth amateur athletic event, for persons 18 years of age or younger, held on the premises.
(F) Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a general or special election as provided by M.S. § 340A.504, subd. 3, as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in § 111.03, club, bowling center, or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license, which shall be established by the Council under the provisions of § 111.11 of this chapter, shall not exceed $200, or the maximum amount provided by M.S. § 340A.504, subd. 3c, as it may be amended from time to time.
(G) Combination on-sale/off-sale intoxicating liquor licenses if the city has a population less than 10,000.
(H) Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than four consecutive days, and the city shall issue no more than 12 days worth of temporary licenses to any one organization in one calendar year.
(I) On-sale wine licenses, with the approval of the Commissioner of Public Safety to: theaters, restaurants that have facilities for seating at least 25 guests at one time and meet the criteria of M.S. § 340A.404, subd. 5, as it may be amended from time to lime, and which meet the definition of restaurant in § 111.03; to licensed bed and breakfast facilities which meet the criteria in M.S. § 340A.404, subd. 5, as it may be amended from time to time and to theaters that meet the criteria of M.S. § 340A.404, subd. 1(b), as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of § 111.11, shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license.
(J) One day consumption and display permits with the approval of the Commissioner of Public Safety to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization.
(K) Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety. The maximum amount of the additional fee which may be imposed by the Council on a person who has been issued a consumption and display permit under the provisions of § 111.11 shall not exceed $300, or the maximum amount permitted by M.S. § 340A.414, subd. 6, as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year.
(L) Culinary class limited on-sale licenses may be issued to a business establishment not otherwise eligible for an on-sale intoxicating liquor license that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or 12 ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only.
(M) Temporary off-sale wine licenses, with the approval of the Commission of Public Safety, may be issued for the off-sale of wine at an auction. A license issued under this subdivision authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three consecutive days provided not more than 600 cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by § 111.11.
(N) Brew pub on-sale intoxicating liquor or on-sale 3.2 percent malt liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at M.S. § 340A.301 subd. 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 division (O) of this section, 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.
(O) 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 division (N) of this section 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 subd. 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 subd. 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 division (N) of this section, 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.
(P) Brewer temporary on-sale intoxicating liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer.
(Q) On-sale malt liquor licenses and/or on-sale wine licenses may be issued to a person who is the owner of a summer collegiate league baseball team or baseball team competing in a league established by the Minnesota Baseball Association, or to a person holding a concessions or management contract with the owner, for beverage sales at a ballpark or stadium located within the city for the purposes of summer collegiate league baseball games, and town baseball games, any other events at the ballpark or stadium. A license issued under this division authorizes sales on all days of the week to persons attending baseball games and any other events at the ballpark or stadium.
(Ord. 172, passed 7-25-11; Am. Ord. 234, passed 6-13-22) Penalty, see § 111.99
(A) No license or other fee established by the city shall exceed any limit established by M.S. Ch. 340A, as it may be amended from time to time, for a liquor license.
(B) The Council may establish from time to time in the Ordinance Establishing Fees and Charges the fee for any of the liquor licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this chapter. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing.
(C) The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a per diem basis based on a 365 day license year.
(D) All license fees shall be paid in full at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant.
(E) A refund of a pro rata share of an annual license fee may occur only if authorized by M.S. § 340A.408, subd. 5, as it may be amended from time to time.
(F) Off-sale intoxicating liquor licensees may request a reduction in their annual license fee by the amount specified in M.S. § 340A.408 if at the time of initial application or renewal they:
(1) Agree to have a private vendor approved by the city train all employees within 60 days of hire and annually thereafter in laws pertaining to the sale of alcohol, the rules for identification checks, and the responsibilities of establishments serving intoxicating liquors;
(2) Post a policy requiring identification checks for all persons appearing to be 30 years old or less;
(3) Establish a written cash award and incentive program to award employees who catch underage drinkers and a written penalty program to punish employees in the event of a failed compliance check; and
(4) Failure to abide by the provisions of this paragraph may result in suspension of the license until the conditions of the fee reduction are met and may result in suspension and/or revocation of the license pursuant to § 111.25.
(Ord. 172, passed 7-25-11)
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