(A) Responsibility for conduct in establishment. Every person licensed under this chapter is responsible for the conduct in the licensed establishment, and any sale of alcoholic beverages by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee for the purposes of all sections of this chapter and M.S. Ch. 340A, except as otherwise provided by M.S. Ch. 340A.
(B) Inspections. Every licensee shall allow any peace officer or any designated official of the city to enter, inspect, and search the premises of the licensee; during business hours, for any reason related to conditions of said licensee; and after the hours of sale, in the event the officer or official has reasonable and probable cause to believe that persons other than the owner or management and janitorial personnel are present in the licensed premises during the hours prohibited by the subsequent subdivision. A properly designated officer or employee of the city may inspect the business records of the licensee, including federal and state tax returns, at all reasonable times.
(C) Food service after hours. Licensees shall be allowed to serve food and non-alcoholic beverages in areas otherwise included on the liquor license as part of the licensed premises, provided such area is approved by the City Council and designated on the liquor license. Such area must be completely free of any alcoholic beverages, either opened or unopened, during all times after legal hours for sale of such alcoholic beverages. Also, such area must be reasonably separated from the area in which alcoholic beverages are typically sold on the licensed premises. Licensees shall be allowed to use any portion of the licensed premises for service of food for Sunday brunches between the hours of 6:00 a.m. and 12:00 noon on Sundays.
(D) Nudity prohibited. No licensee shall permit the following kinds of conduct on the licensed premises, or in areas adjoining the licensed premises where the following kinds of conduct can be seen by patrons of the licensed premises:
(1) The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, flagellation, or bondage; or
(2) The actual or simulated touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or
(3) The actual or simulated displaying of the public hair or a pubic region, anus, vulva, or genitals; or
(4) The displaying of films depicting any of the acts described in this division; or
(5) The presentation of any female in such manner or attire to expose to view any portion of the breast below the top of the areola, or any simulation thereof; or
(6) The presentation of any male genitals in a discernibly turgid state, even if completely and opaquely covered.
(E) Conditions. All licenses granted under this chapter shall be issued subject to the conditions set forth in this chapter and subject to all city ordinances and sections of this Code applicable thereto and the laws of the state.
(Am. Ord. 499, passed 8-1-2006; Am. Ord. 592, passed 5-23-2017) Penalty, see § 10.99