(A) Conditions for licenses.
(1) City and state laws. Every license shall be granted subject to the conditions of this chapter, any other applicable ordinance of the city and/or state law.
(2) Consumption and display. No person shall consume beer, wine or mix or prepare intoxicating liquor for consumption in any public place not licensed in accordance with the ordinances of the city and the laws of the state.
(3) Area of license. No license shall be effective beyond the areas approved in the license for which it was granted.
(4) Demeanor of licensee. No intoxicating liquor, wine or 3.2% malt liquor shall be sold or furnished or delivered to any obviously intoxicated person, to any known habitual drunkard, to any minor or to any person to whom a sale is prohibited by state law.
(5) Prohibited sale. No person shall give, sell, procure or purchase wine, intoxicating liquor or 3.2% malt liquor to or for any person to whom the sale would be forbidden by law.
(6) Ownership of equipment. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller, except such as shall be expressly permitted by state law.
(7) Display of liquor. No “on-sale” liquor establishment shall display liquor to the public during hours when the sale of liquor is prohibited by this chapter.
(8) Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under his or her control to be used by prostitutes.
(9) Controlled substances. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of M.S. Chapter 152.
(10) Posting license. The license shall be posted in a conspicuous place in the licensed establishment at all times.
(11) Licensee responsible for activity attributable to business, etc. Every licensee shall be responsible for the conduct of his or her place of business including conduct and activity attributable to the business on property owned or controlled by the licensee. Every licensee shall also cooperate with the city in controlling activity attributable to the business in surrounding areas.
(12) Licensee liable for acts of employees. The act of any employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee.
(13) Additional licenses. Licensees who hold both an on-sale wine license and an on-sale 3.2% malt liquor license may sell intoxicating malt liquor (strong beer) at on-sale without an additional license.
(14)
Certain sexual conduct prohibited. The following acts or conduct on licensed premises are unlawful and shall be punished as provided by § 10.99 hereof and shall be grounds for revocation of any license as provided by § 111.37: (a) To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while the person is unclothed or in attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, vulva or genitals;
(b) To employ or use the services of any hostess while the hostess is unclothed or in such attire, costume or clothing as described in division (a) above;
(c) To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, anus or genitals of any other person;
(d) To permit any employee or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof;
(e) To permit any person to perform acts of or acts which simulate:
1. With or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law;
2. Masturbation or bestiality;
3. With or upon another person the touching, caressing or fondling on the anus, genitals or female breast; or
4. The displaying of the pubic hair, anus, vulva, genitals or female breast below the top of the areola;
(f) To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above;
(g) To permit any person to remain in or upon the licensed premises who exposes to public view any portion of post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state; and
(h) To permit the showing of film, still pictures, electronic reproduction or other visual reproductions depicting:
1. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law;
2. Any person being touched, caressed or fondled on the breast, anus or genitals;
3. Scenes wherein a person displays any portion of post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state; or
4. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
(15) The Council may authorize the holder of an on-sale or concessionaire on-sale intoxicating liquor license issued by the city to dispense intoxicating liquor at any convention, banquet, conference, meeting or social affair conducted on the premises owned by Dakota County located at 14955 Galaxie Avenue. The licensee must be engaged to dispense intoxicating liquor at an event held by a person or organization permitted to use the premises and may dispense intoxicating liquor only to persons attending the event.
(‘81 Code, § 3-45) (Am. Ord. 509, passed 4-25-91; Am. Ord. 561, passed 9-23-93; Am. Ord. 624, passed 1-23-97)
(B) Special conditions. At the time a license or license renewal is issued, the city may attach special conditions to the license to protect the welfare of the community. Violation of any of the conditions shall be grounds for revocation of the license.
(‘81 Code, § 3-45) (Am. Ord. 509, passed 4-25-91; Am. Ord. 561, passed 9-23-93; Am. Ord. 624, passed 1-23-97; Am. Ord. 1010, passed 5-26-16)
