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A. Conditions And Regulations: Every license is subject to the conditions of this chapter and of all other applicable ordinances, laws or regulations.
B. Licensee's Responsibility: Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of an employee on the licensed premises authorized to sell alcoholic beverages there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee. Every licensee shall also cooperate with the city in controlling activity attributable to the business in surrounding areas.
C. Inspections: Any police officer, 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 during the business hours without a warrant.
D. Nonemployees On Premises: No person, other than the licensee and any employee, shall remain on the on-sale licensed premises more than thirty (30) minutes after the time when a sale can legally occur.
E. Beverage Restriction: No alcoholic beverage 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 a sale is prohibited by state law.
F. Sales Prohibited: No person shall give, sell, procure or purchase intoxicating liquor or 3.2 percent malt liquor to or for any person to whom the sale would be forbidden by law.
G. Employment Of Minors: No person under eighteen (18) years of age shall be employed in any rooms constituting the place in which alcoholic beverages are sold at retail on-sale, except that persons under eighteen (18) years of age may be employed as musicians or to perform the duties of a bus person or dishwashing services in places defined as a restaurant, hotel, motel or other multipurpose building servicing food in which alcoholic beverages are sold at retail on-sale.
H. Ownership Of Equipment: No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller except such as shall be expressly permitted by state law.
I. Prostitution: 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.
J. Controlled Substances: No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of Minnesota statutes, chapter 152.
K. Certification: No class B on-sale intoxicating liquor license shall be renewed to a licensee that has failed to submit a statement signed by a certified public accountant attesting that fifty one percent (51%) or more (or 25 percent in the case of restaurants operated in conjunction with bowling centers or movie theaters) of total revenues of the establishment was derived from the sale of food and nonalcoholic beverages during the twelve (12) month period preceding the licensee's application for renewal. The licensee shall provide access to its books and records during business hours on reasonable notice by the chief of police or designee and shall provide such additional information as the chief may require to demonstrate that the information on revenues derived from food and beverage sales is accurate. In the event the chief of police determines that an audit by an outside auditor is appropriate, the expense of such audit shall be paid by the licensee.
Failure to comply with limitations on percentage of revenues derived from food and nonalcoholic beverage sales applicable to the relevant class of license is grounds for revocation or for suspension and the imposition of such conditions as are deemed appropriate by the council.
L. Premises Limited: No license shall be effective beyond the compact and contiguous space named therein for which the same was granted. All licenses granted hereunder shall set forth the exact location within the building structure where such sales may be made and no sales shall be permitted except in that part of the premises defined in the license.
M. Leaving Premises: No on-sale licensee or an employee thereof shall allow a person to leave the licensed premises in possession of an alcoholic beverage, except as allowed by Minnesota statutes 340A.404, subdivision 11.
N. Special Conditions: At the time a license renewal is issued, the city may attach additional conditions to the license to protect the welfare of the community. Violation of any of the conditions shall be grounds for revocation of the license. (Ord. 2015-06, 7-7-2015)