§ 116.09 PLACES INELIGIBLE FOR A LICENSE.
   (A)   General restrictions. No off-sale or on-sale license shall be granted or renewed for:
      (1)   Any property on which taxes, assessments, or other financial claims of the state, county, or city are due, delinquent, or unpaid;
      (2)   Any property on which the business is to be conducted is owned by a person who is ineligible for a license pursuant to § 116.08;
      (3)   Any property located within 300 feet of a place of worship or an elementary, junior high or senior high school having a regular course of study accredited by the state. A location which holds a license under this subchapter shall not be declared ineligible for license renewal or transfer due to a place of worship or school that was newly located in its proximity after license issuance. The provisions of this division (A)(3) shall not apply to temporary on-sale 3.2% malt liquor licenses or temporary wine licenses;
      (4)   Any property where a license issued under this subchapter has been revoked during the preceding year unless the issuance of the license is unanimously approved by the City Council then present;
      (5)   Any property where the conduct of the business is prohibited by Chapter 154;
      (6)   Any property not eligible under M.S. Chapter 340A, as it may be amended from time to time, and the regulations of the Department of Public Safety; and/or
      (7)   Any property used as a sexually-oriented business as defined by Chapter 110.
   (B)   Off-sale 3.2% malt liquor licenses. In addition to the requirements of division (A) above, no off-sale 3.2% malt liquor license shall be granted to any theater, recreation establishment, public dancing place, or establishment holding any on-sale license.
   (C)   On-sale 3.2% malt liquor licenses. In addition to the requirements of division (A) above, no on-sale 3.2% malt liquor license shall be granted for establishments other than restaurants, golf courses, bowling centers, and hotels. The provisions of this division (C) do not apply to temporary on-sale 3.2% malt liquor licenses.
   (D)   Wine licenses. In addition to the requirements of division (A) above, no wine license shall be granted to any establishment other than a restaurant located in the Commercial or golf courses located in the Recreation/Open Space R/O District.
   (E)   On-sale intoxicating liquor licenses. In addition to the requirements of division (A) above, no on-sale intoxicating liquor license shall be granted to any establishment other than a restaurant or hotel located in the Commercial District or golf courses located in the Recreation/Open Space R/O District.
(Prior Code, § 112.09) (Ord. 2019-06, passed 5-28-2019)