§ 111.26  ADDITIONAL LICENSE CONDITIONS.
   Any license issued under this subchapter is subject to the following additional conditions.
   (A)   The City Council may suspend or revoke any license issued pursuant to this subchapter for a violation of any of the provisions of this subchapter or for the violation of any other law, statute or ordinance regarding the manufacture, sale, distribution or possession for sale or distribution of alcoholic beverages. Except as hereinafter provided, no such action shall be taken without ten days’ written notice to the licensee and the opportunity for the licensee to have a hearing. The city may suspend the license for up to 60 days for any violation; and, in its discretion (or in the discretion of a hearing examiner appointed, by the City Council), revoke any retail license or permit or impose a civil fee not to exceed $2,000 for each violation.
   (B)   If a license issued pursuant to this subchapter is revoked, no portion of the license fee may be refunded.
   (C)   The city or the state’s Commissioner of Public Safety may impose penalties provided in this subchapter on a retail licensee who knowingly:
      (1)   Sells alcoholic beverages to another retail licensee for the purpose of resale;
      (2)   Purchases alcoholic beverages from another retail licensee for the purpose of resale;
      (3)   Conducts or permits the conduct of gambling on a licensed premises in violation of the law;
      (4)   Fails to remove or dispose of alcoholic beverages when ordered to do so under M.S. § 340A.508, Subd. 3, as it may be amended from time to time; and
      (5)   Sells any alcoholic beverage to a minor.
   (D)   Lapse of required dram shop insurance or withdrawal of required proof of financial responsibility shall result in immediate suspension of any license issued pursuant to this subchapter. The suspension may be issued by the City Administrator/Clerk/Treasurer and does not require the approval of the City Council. Notice of cancellation, lapse of a current dram shop insurance policy or withdrawal of proof of financial responsibility shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required dram shop insurance or withdrawal of proof of financial responsibility or of suspension or revocation of a license may request a hearing. If such a request is made in writing to the City Administrator/Clerk/Treasurer, a hearing shall be granted within 30 days or such longer period as may be requested. Any suspension under this division (D) relating to dram shop insurance or proof of financial responsibility shall continue until the city determines that evidence of dram shop insurance or required proof of financial responsibility requirements of state law have been met.
   (E)   Every licensee has responsibility for the conduct of the place of business and the conditions of sobriety and order therein. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by the city code and the law equally with the employee.
   (F)   Every licensee shall allow any peace officer or health officer to conduct compliance checks and to otherwise enter into and inspect the licensed premises during business hours and after business hours during the time when any person remains on the licensed premises.
   (G)   Except as provided herein, no 3.2% malt liquor sold by the licensee may be consumed outside the building of the licensed premises. If the licensed premises has a fenced in smoking patio approved by the city, 3.2% malt liquor served from inside the building on the licensed premises may be consumed on such smoking patio. A licensee may apply for a special endorsement to a license allowing consumption and service of 3.2% malt liquor on a sidewalk or outdoor open patio. No 3.2% malt liquor may be consumed on such sidewalk or outdoor open patio without a special endorsement to the license issued by the city. Notwithstanding the above, no licensee may dispense and serve 3.2% malt liquor from any area on a smoking patio or outdoor patio (as opposed to having wait staff serve patrons in such areas with 3.2% malt liquor dispensed from within the building on the licensed premises) without a special dispensing endorsement to the license issued by the city based on the following criteria:
      (1)   Any outdoor bar or serving area staffed by employees of the licensee at which only individual containers of pre-packaged beer or malt based beverages which constitute 3.2% malt liquor are served may be permitted; provided, adequate cooling of such beverages is provided; and
      (2)   Beer constituting 3.2% malt-liquor may be sold and served from a keg provided the beer is dispensed by employees of the licensee and adequate cooling of the beer is provided.
(Ord. 110, passed 10-21-2009; Ord. 110B, passed 10-3-2012)  Penalty, see § 10.99