Ch6.§3-4 · City of Nowthen public records

A. The City Council finds that it is in the best interests of the public health, safety, and general welfare of the people of the city that nudity is prohibited as provided in this section on the premises of any establishment licensed under this section. This is to protect and assist the owners, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. The City Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct. The City Council also finds that the prohibition of nudity on the premises of any establishment licensed under this Section, as set forth in this section, reflects the prevailing community standards of the city. B. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have his or   her buttocks, anus, breasts, and genitals covered with a non-transparent material. C. A violation of this Section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or any other license issued under this Section or the imposition of a civil penalty under the provisions of Section 24(B). (Ordinance #26, adopted August 11, 2009) 6-3-5: CONSUMPTION IN PUBLIC PLACES: No person shall consume intoxicating liquor or 3.2 percent malt liquor on any public street, sidewalk, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this Section, in a municipal liquor dispensary if one exists in the city, or where the consumption and display of liquor is lawfully permitted. (Ordinance #26, adopted August 11, 2009) 6-3-6: NUMBER OF LICENSES WHICH MAY BE ISSUED: State law establishes the number of liquor licenses that a City may issue. The City Council in its sound discretion may provide by ordinance that a larger number of licenses may be issued up to the number of licenses authorized by M.S. Ch. § 340A, as it may be amended from time to time. The City Council is not required to issue the full number of licenses that it has available. (Ordinance #26, adopted August 11, 2009) 6-3-7: TERM AND EXPIRATION OF LICENSES: Each license shall be issued for a maximum period of one year. All licenses, except temporary licenses, shall expire on December 31 of each year unless another date is provided by ordinance. Temporary licenses expire according to their terms. Consumption and display permits issued by the Commissioner of Public Safety, and the accompanying city consent to the permit, shall expire on March 31 of each year. (Ordinance #26, adopted August 11, 2009) 6-3-8: KINDS OF LIQUOR LICENSES: The City Council shall have the authority to issue the following types of liquor licenses: A. 3.2 Percent Malt Liquor On-Sale Licenses which may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. B. 3.2 Percent Malt Liquor Off-Sale Licenses. C. Temporary 3.2 Percent Malt Liquor Licenses which may be issued only to a club, charitable, religious, or nonprofit organization.   D. Off-Sale Intoxicating Liquor Licenses which may be issued only to exclusive liquor stores. The fee for an off-sale intoxicating liquor license established by the City Council under Section 6-3-9 shall not exceed the amount provided for by M.S. § 340A.408, subd. 3, as it may be amended from time to time. E. On-Sale Intoxicating Liquor Licenses, which may be issued to the following establishments as defined by M.S. § 340A.101, as it may be amended from time to time, and this Section: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans organizations, theaters and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the City Council under Section 6-3-9 of this Section shall not exceed the amounts provided for in M.S. § 340A.408, subd. 2b, as it may be amended from time to time. The City Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the City under the provisions of M.S. § 340A.404, subd. 4b, as it may be amended from time to time. The City Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the City, under the provisions of M.S. § 340A.404, subd. 4a, as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises. F. Combination On-Sale/Off-Sale Licenses may be issued so long as the City's population remains under five thousand (5,000) residents. The City Council shall not issue any further licenses under this provision once the City's population surpasses five thousand (5,000) residents. G. Temporary On-Sale Intoxicating Liquor Licenses, with the approval of the Commissioner of Public Safety, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than four (4) consecutive days, and the City shall issue no more than twelve (12) days worth of temporary licenses to any one (1) organization in one (1) calendar year. H. On-Sale Wine Licenses, with the approval of the Commissioner of Public Safety to: theaters, restaurants that have facilities for seating at least twenty five (25) guests at one time and meet the criteria of M.S. §340A.404, subd. 5, as it may be amended from time to time, and which meet the definition of restaurant in section 3; to licensed bed and breakfast facilities which meet the criteria in M.S. § 340A.401, subd. 1, as it may be amended from time to time and to theaters that meet the criteria of M.S. § 340A.404(b), as it may be amended from time to time The fee for an on-sale wine license established by the City Council under the   provisions of Section 6-3-9 of this Section, shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license. I. One-Day Consumption and Display Permits with the approval of the Commissioner of Public Safety. The maximum amount of the additional fee which may be imposed by the City Council on a person who has been issued a consumption and display permit under the provisions of Section 6-3-9 of this Section shall not exceed three hundred ($300) dollars, or the maximum amount permitted by M.S. § 340A.14, subd. 6, as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year. J. Culinary Class Limited On-Sale Licenses, which may be issued to a business establishment not otherwise eligible for an on-sale intoxicating liquor license that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six (6) ounces of wine or twelve (12) ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only. K. Temporary Off-Sale Wine Licenses, with the approval of the Commission of Public Safety, may be issued for the off-sale of wine at an auction. A license issued under this subdivision authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three (3) consecutive days provided not more than six hundred (600) cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by Section 6-3-9 of this Section. L. Brew Pub On-Sale Intoxicating Liquor or On-Sale 3.2 Percent Malt Liqour Licenses, with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at M.S. §340A.301 subd. 6(d) and 7(b), as it may be amended from time to time. Sales under this license at on-sale may not exceed three thousand five hundred (3,500) barrels per year. If a brew pub licensed under this section possesses a license for off-sale under Section 8 (M) below, the brew pub's total combined retail sales at on-sale or off-sale may not exceed three thousand five hundred (3,500) barrels per year, provided that off-sales may not total more than five hundred (500) barrels. M. Brewer Off-Sale Intoxicating Liquor Licenses, with the approval of the Commissioner of Public Safety, may be issued to a brewer that is a licensee under Section 8(L) above or that produces fewer than three thousand five   hundred (3,500) barrels of malt liquor in a year and otherwise meets the criteria established at M.S. § 340A.301 subd. 6(d) and 7(b), as it may be amended from time to time. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the City. Malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by M.S. § 340A.301 subd. 7, as it may be amended from time to time. Sales under this license may not exceed five hundred (500) barrels per year. If a brewer licensed under this section possesses a license under Section 8(L) above, the brewer's total retail sales at on-sale or off-sale may not exceed three thousand five hundred (3,500) barrels per year, provided that off-sales may not total more than five hundred (500) barrels. N. Brewer Temporary On-Sale Intoxicating Liquor Licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers who manufacture fewer than three thousand five hundred (3,500) barrels of malt liquor in a year for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer. (Ordinance #26, adopted August 11, 2009) 6-3-9: LICENSE FEES; PRO RATA: A. No license fee established by the city shall exceed any limit established by M.S. Ch. 340A, as it may be amended from time to time, for a liquor license. B. The City Council may establish from time to time in Section 1-2-2 of the City Code the fee for any of the liquor licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this Section. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least thirty (30) days before the hearing. C. The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a quarterly basis. D. All license fees shall be paid in full at the time the application is filed with the City. If the application is denied, the license fee shall be returned to the applicant. E. A refund of a pro rata share of an annual license fee may occur only if authorized by M.S. § 340A.408, subd. 5, as it may be amended from time to time. (Ordinance #26, adopted August 11, 2009) 6-3-10: COUNCIL DISCRETION TO GRANT OR DENY A LICENSE: The City Council in its sound discretion may either grant or deny the application for any license or   for the transfer or renewal of any license. No applicant has a right to a license under this Section. (Ordinance #26, adopted August 11, 2009)

Ch.6 § 3-4

Amendment history