A. License Issuance: Any person operating under an on-sale intoxicating liquor license, on-sale wine license, or on-sale 3.2 percent malt liquor license who desires to remain open for the service of food later than the hours provided in section 2-3-13 of this chapter may apply to the City Council for a special hours license. Applications shall be made on a form provided by the licensing official, containing such information as the licensing official deems necessary to verify that the conditions of this section have been met and to make a recommendation regarding the application.
B. Term Of License And Fee: All licenses shall expire on June 30 of each year, and the annual fee for a license shall be established by the City's fee schedule. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year on a pro rata fee basis. In computing such fee, any unexpired fraction of a month shall be counted as one month. Upon submitting an application for a license, the applicant shall submit the corresponding annual fee. In the event an application is rejected, the City shall refund the annual fee submitted.
C. Number Of Licenses: The number of special hours licenses at any time issued and outstanding shall not exceed twenty five (25).
D. Conditions Of Issuance:
1. No special hours license shall be issued unless the establishment complies at all times with the following conditions:
b. The establishment shall be a restaurant which:
(1) Meets the definition of a restaurant defined in section 2-3-2 of this chapter while the establishment is operating with a special hours license, and
(2) Maintains a substantial menu available during special hours which includes at least four (4) entrees, sandwiches, or other principal food items, and
(3) Keeps its business open for at least eight (8) continuous hours daily except Sunday, twelve (12) months a year, not including any hours authorized by its special hours license.
2. The City Council may issue a special hours license subject to additional conditions including, but not limited to:
a. Limitation on the special hours of operation or the days of the week on which special hours are authorized;
b. Requirements concerning menu items;
c. Requirements concerning staffing or security levels; and
d. Any other requirement reasonably related to concerns of security, noise, litter, parking, or traffic.
E. Responsibility For Conduct Of Business:
1. It shall be the responsibility of the person to whom the license is issued and such persons as may from time to time be designated as managers to carry out all of the terms and conditions of this section, and any violations of this section or of the laws of the State of Minnesota, whether committed by the person holding the license, the manager or an employee of said license holder will be grounds for suspension, revocation or nonrenewal of the license.
2. It shall be the responsibility of the person to whom the license to operate a licensed establishment is issued and such persons designated as managers from time to time to conduct the place of business in a manner to maintain order within the place of business and in the areas adjacent to the place of business so as not to interfere with the conduct of business of other persons within the City.
F. Inspection Of Premises: Any persons holding a special hours license shall agree, by acceptance of the license, if the issuance of said license is approved by the City, that their place of business will be open to inspection by authorized City personnel, without notice, at any time during normal business hours.
G. Revocation Of License: The City Council may deny, suspend or revoke any special hours license in accordance with the provisions of section 2-1-10 of this title. (Ord. 2018-04, 2-26-2018)