Each license issued in accordance with the provisions of this chapter and each licensee shall be approved subject to the following conditions:
A. Compliance With Laws:
1. City And State Laws: Every license shall be granted subject to the conditions of this chapter and of any other applicable ordinance of the City and/or laws of the State.
2. Consumption And Display: No person shall mix or prepare intoxicating liquor or 3.2 percent malt liquor for consumption in any public place not licensed in accordance with the ordinances of the City and the laws of the State.
3. Area Of License: No license shall be effective beyond the areas approved in the license for which it was granted, except as may be allowed in accordance with Minnesota Rules.
4. Transfer Of License: No license may be transferred to another person or to another place without the approval of the City Council, and without a new application having been approved in accordance with this chapter.
B. Posting License: The license shall be posted in a conspicuous place in the licensed establishment at all times.
C. Conduct Of Business: Every licensee shall be responsible for the conduct of his/her place of business including conduct and activity of the premises attributable to the business.
1. Hours Of Operation:
a. The provisions of Minnesota Statutes section 340A.504 with reference to the hours of sale are hereby adopted and made a part of this chapter as if fully set out herein.
b. Malt liquor in growlers may also be sold at off-sale on Sunday after eight o'clock (8:00) A.M.
c. Persons other than employees of the licensee may not be in the premises from thirty (30) minutes after the sale of malt liquor or intoxicating liquor is prohibited until thirty (30) minutes before the sale is permitted.
2. Beverage Restrictions:
a. Sales To Certain Persons Prohibited: No intoxicating liquor shall be sold, furnished, or delivered to any obviously intoxicated person, to any known habitual drunkard, to any minor, or to any person to whom sale is prohibited by State law.
b. Sales, Providing To Persons Where Prohibited: No person shall give, sell, procure, or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law.
c. Persons Under Legal Drinking Age:
(1) Providing To: No licensee, his/her agent or employee, shall serve or dispense upon the licensed premises any intoxicating liquor or 3.2 percent malt liquors to a person under the legal drinking age; nor shall such licensee, or his/her agent or employee, permit any such person to be furnished or consume any such liquors on the licensed premises; nor shall such licensee, his/her agent or employee, permit any such person to be delivered any such liquors.
(2) Receipt Of: No persons under the legal drinking age shall receive delivery of intoxicating liquor.
(3) Identification Requirements And Restrictions:
(A) Any person shall, upon demand of the licensee, his/her employee or agent, produce and permit to be examined a current driver's license or nonqualification certificate issued by the State Department of Public Safety. In the case of a foreign national, a valid passport may be used as an alternative to the foregoing methods of identification.
(B) No person under the legal drinking age shall misrepresent his/her age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall he/she enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purpose of purchasing or having served or delivered to him/her for consuming any such intoxicating liquor or 3.2 percent malt liquor, nor shall any such person purchase, attempt to purchase, consume or have another person purchase for him/her any intoxicating liquor or 3.2 percent malt liquor.
(C) In every prosecution for a violation of the provisions of this chapter relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt beverages to persons under the legal drinking age, and in every proceeding before the City Council with respect thereto, the fact that the person involved has obtained and presented to the licensee, his/her agent or employee, a driver's license, passport, or nonqualification certificate issued by the Department of Public Safety, from which it appears that said person was not under the legal drinking age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his/her agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not wilful or intentional.
d. Hotels: No sales of intoxicating liquor shall be made to or in guestrooms of hotels unless the rules of such hotel provide for the service of meals in guestrooms; nor unless the sale of such intoxicating liquor is made in the manner "on-sales" are required to be made; nor unless such sale accompanies and is incidental to the regular service of meals to guests therein; nor unless the rules of such hotel and the description, location and number of such guestrooms are fully set out in the application for a license.
e. Display: No on-sale liquor licensee shall display liquor to the public during the hours when the sale of liquor is prohibited.
3. Patios:
a. Site Plan Required: Requests for approval of a patio as part of the premises for an on-sale liquor license issued in accordance with this section shall include a site plan drawn to scale depicting the following:
(1) Distance of the proposed patio from all property lines.
(2) Area and seating capacity of the licensed building.
(3) Area and seating capacity including table, chair, and aisle arrangements of the proposed patio.
(4) Current off street parking stalls provided on site and number of parking stalls required in accordance with the zoning ordinance.
(5) Additional utility connection charges required based on number of residential equivalent connection units (RECs) as determined by the City in accordance with title 6, chapter 1 of this code.
(6) Detailed construction plans for fence and/or landscape barrier type and height, with emergency exit gate hardware and locations.
b. Performance Standards:
(1) The patio shall not be enclosed in such a manner that the space becomes an indoor area as defined by Minnesota 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 Statute; the patio shall not be part of a public street, sidewalk, or other public grounds.
(3) 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, except as required by the Fire Code.
(4) Screening may be required if the premises is adjacent to a residential district established by the zoning ordinance, consistent with the fencing/screening/landscaping provisions of the zoning ordinance.
(5) Liquor and food may be served, dispensed, possessed, displayed, or furnished on a patio located within one hundred fifty feet (150') of a residential district between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Sunday through Thursday, and between the hours of seven o'clock (7:00) A.M. and eleven o'clock (11:00) P.M. on Friday and Saturday.
(6) The patio shall be in compliance with the noise amplification and outdoor entertainment provisions of this Code.
(7) The premises shall be in compliance with the following provisions of the zoning ordinance:
(A) Exterior lighting.
(B) Off street parking.
(C) Signs.
c. The patio site plan shall be subject to review by the City Clerk, Zoning Administrator, and Building Official for compliance with applicable City codes and the zoning ordinance.
4. Outdoor Entertainment: Outdoor entertainment shall require issuance of an annual permit as required and regulated by chapter 3 of this title.
5. Prohibited Activities:
a. Gambling is prohibited unless licensed in accordance with this Code.
b. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under his control to be used by prostitutes.
c. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of Minnesota Statutes 152.
6. Right Of Inspection:
a. Any Sheriff’s Deputy, building inspector, or any properly designated officer or employee of the City shall have the unqualified right to enter, inspect, and search the premises of any licensee hereunder at any time without a warrant.
b. The business records of the licensee, including Federal and State Tax returns, shall be available for inspection by the City at all reasonable times upon written request. (Ord. 2017-11, 9-25-2017; amd. Ord. 2021-02, 2-8-2021; Ord. 2021-18, 10-25-2021)