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A. Conditions Under Which Permitted: Service and consumption of alcohol on outdoor patios and decks in conjunction with an intoxicating liquor "on-sale" license, an "on-sale" wine license, a special club license, a special license for Sunday sales or a 3.2 percent malt liquor license may be permitted by the city council under the following conditions:
1. The patio or deck area must be compact and contiguous to the licensed premises and shall be enclosed with a wrought iron railing that meets standards set forth in this code and final inspection by the chief building official.
2. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc., must be provided.
3. Lighting must be sufficient to promote public safety, directed downward, and compatible with the surrounding area.
4. A buffer zone should be provided between the patio or deck area and adjacent parking lot. The area surrounding a patio or deck area must be fenced so as to not allow entrance from outside the fenced area onto the patio or deck area.
5. Smoking may be allowed on the patio or deck area, provided it is in compliance with the Minnesota "freedom to breathe act of 2007".
6. Music, televisions, bands, amplified sound or any activity that would disturb the peace of the surrounding area is prohibited on the outdoor patio or deck area. Background music that does not disturb the peace of the surrounding area is permitted during hours when service of alcoholic beverages is permitted.
7. The patio or deck area shall be controlled and monitored continuously during the hours of operation and unruly patrons shall be removed immediately.
8. The hours and days of sale of alcoholic beverages shall be in accordance with this code.
9. Patrons shall not leave the premises with a drink nor can drinks be taken onto a public sidewalk.
10. The amendment to the licensee's licenses for the outdoor patio or deck area shall be approved on a provisional basis. The council may revoke, suspend or decline to renew the license for the patio or deck area portion of the licensed premises on the grounds of failure to comply with the conditions outlined in the resolution or undue annoyance or burden on nearby residents.
11. The outdoor patio or deck area must be included in the required liquor liability insurance for the premises.
12. The city council may impose any additional conditions it deems necessary in the interest of the public health, safety and welfare at the time of initial approval or any renewal of the license for a patio or deck. The conditions set forth allowing the patio or deck shall be reviewed during the yearly renewal period. (Ord. 2015-06, 7-7-2015)