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A. General Prohibition: No license shall be issued for any place or any business ineligible for such a license under state law.
B. License Refused Where Taxes Due: No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments or other financial claims of the city or of the state are delinquent or unpaid. If an action has been commenced pursuant to the provisions of Minnesota statutes, chapter 278, questioning the amount or validity of taxes, the council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee.
C. Distance From School Or Church: No license shall be granted to any applicant whose place of business is within three hundred feet (300') of any school or church. In applying this restriction the distance shall be measured from the main front entrance of the school or church and the liquor establishment following the route of ordinary pedestrian travel.
D. Nudity And Sexual Conduct Prohibited: No license shall be held at any premises where nudity or sexual acts or conduct are permitted to occur.
1. For the purposes of this subsection "nudity" and "sexual conduct" are defined as follows:
NUDITY: The showing of the postpubertal human male or female genitals, pubic area or buttocks with less than a fully opaque covering or the showing of postpubertal female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For the purposes of this definition, the female breast is considered uncovered if the nipple only or the nipple and the areola are covered.
SEXUAL CONDUCT: Acts or simulated acts of masturbation, sexual intercourse, sodomy, bestiality, oral copulation, flagellation, sadomasochistic abuse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
2. The following acts or conduct in a premises which has been issued a license are contrary to the public welfare and, therefore, in order to preserve order and protect the public welfare, no license issued under this chapter shall be held at any premises where such conduct or acts are permitted to occur:
a. The licensee, owner or manager of any licensed establishment permitting or allowing any live nudity to occur on the licensed premises.
b. The licensee, owner or manager of any licensed establishment permitting or allowing any live sexual conduct to occur in the licensed establishment.
3. The city council may suspend or revoke or refuse to issue a license for violation of this subsection D upon a finding that the licensee has failed to comply with this subsection D. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing. (Ord. 2015-06, 7-7-2015)