§ 112.21  LICENSE TYPES.
   (A)   On-sale. On-sale licenses will be granted only to clubs, drug stores, restaurants, hotels, bowling centers, golf courses and establishments used exclusively for the sale of 3.2% malt liquor with the incidental sales of tobacco and soft drinks. On-sale licenses permit the sale of 3.2% malt liquor for consumption on the licensed premises only.
   (B)   Off-sale licenses.
      (1)   Off-sale licenses may be granted to permit the retail sale of alcoholic beverages containing more than 3.2% alcohol by volume in its original container for consumption off the licensed premises only. Such licenses may be issued to drug stored to which an off-sale license has been issued on or prior to May 1, 1994 and exclusive liquor stores.
      (2)   Number of licenses. No more than six such licenses will be issued at any time in the city.
   (C)   Temporary on-sale.
      (1)   General rule. Notwithstanding any other provision of this section, a club (as defined in Minn. Stat. § 340A.101(7), as it may be amended from time to time) or charitable, religious or other nonprofit organization may obtain a temporary on-sale license to sell 3.2% malt liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may provide that the licensee must contract with the holder of an on-sale 3.2% malt liquor license issued by the city, who also has a state-issued caterer’s permit for dispensing 3.2% malt liquor. The caterer must provide the city with a valid certificate of insurance for the event.
      (2)   Fee. The fee for the license will be set by City Council resolution. A separate license fee shall be due for each application submitted. If the applicant applies for more than one event in a single application, only one license fee shall be required.
      (3)   Number of days. The number of licenses and days for the licenses shall be consistent with § 112.03 (F)(4), (F)(5) and (F)(6).
      (4)   Application. Application for a temporary license may be made on forms as provided in § 112.03 (F)(7).
   (D)   Outside service license.
      (1)   Approval. The City Council may approve an outside service license to any on-sale licensee in order to sell or serve 3.2% malt liquor on an on-going basis in areas outside the building structure that are immediately adjacent to and contiguous with the structure containing the licensed premises. The license fee is set by City Council resolution. Every person desiring a license for an outside service area must file an application as provided by City Clerk. Authority to operate an outside service area will not be granted until the applicant has obtained a conditional use permit for outdoor seating.
      (2)   Hearing for revocation, suspension, provisional or conditional licenses. Following a hearing pursuant to § 110.12, in addition to the grounds enumerated therein, the Council may take action on a license for an outside service area when it has reason to believe that the impact of the outside service area on adjoining property will or has produced any of the reasons enumerated in § 112.03(E)(2).
      (3)   The licensee must, with respect to any outside service area, comply with all applicable provisions of law and regulations in regard to the sale and service of 3.2% malt liquor, including all applicable regulations contained in this subchapter.
   (E)   Temporary outside service license.
      (1)   The City Council may issue a temporary outside service license to the holder of an on-sale 3.2% malt liquor license, or to a club (as defined in Minn. Stat. § 340A.101(7), as it may be amended from time to time) or charitable, religious or other nonprofit organization in order to dispense 3.2% malt liquor off premises or outside of its licensed premises that is an outdoor event.
      (2)   The application for a temporary outside service license shall be made on forms provided by the City Clerk.
      (3)   The applicant must comply with all of the following:
         (a)   Specify the dates, times and location that the liquor will be dispensed and consumed. The applicant must provide an accurate depiction of the location that specifies a compact and contiguous area for the dispensing and consumption of 3.2% malt liquor. The location may not encroach onto the public right-of-way, unless approved by the City Council;
         (b)   Provide written consent from the owner or manager of the premises on which the outside service will occur, if the location is other than the licensed premises;
         (c)   The license may provide that the licensee must contract with the holder of an intoxicating liquor license issued by the city who also has a state-issued caterer’s permit for dispensing intoxicating liquor. The caterer must provide the city with a valid certificate of insurance for the event;
         (d)   The applicant must comply with all applicable provisions of state law and the city code;
         (e)   If the city determines that the event is being held such that it is a public nuisance under Chapter 94, the city may take emergency action to abate the public nuisance, including, but not limited to, closing the event; and
         (f)   The fee for the license will be set by City Council resolution. A separate license fee shall be due for each application submitted. If the applicant applies for more than one event in a single application, only one license fee shall be required.
   (F)   Reasonable conditions. The City Council may impose reasonable conditions on any license provided in this section to protect the health, safety and general welfare of the public.
(2001 Code, §§ 1200.04, 1210.03)  (Ord. 10-06, passed - -; Ord. 12-06, passed - -; Ord. 14-01, passed 1-27-2014)