§ 4-23. Conditions of licenses and permits.

(a)

All licenses and permits issued in accordance with this chapter shall be subject to all of the provisions of this chapter, all other applicable ordinances of the city, all applicable statutes and all applicable regulations promulgated by the commissioner, and subject to the following specific conditions:

(1)

No on-sale licensee or permittee shall sell alcoholic beverage by the bottle or container for removal from the premises unless otherwise authorized by this chapter or Minnesota Statutes Chapter 340A.

(2)

No off-sale licensee shall permit the consumption of any alcoholic beverage on such premises, except for sampling as permitted by Minnesota Statutes Section 340A.510, within the following limitations:

a.

Such sampling shall be limited to two varieties each of wine, liqueurs, cordials or malt liquor;

b.

Such sampling shall be under the personal supervision of an employee of such off-sale store and no person under the age of twenty-one (21) years shall be furnished with any sample;

c.

All such sampling shall occur within the confines of the building from which the merchandise of such off-sale store is sold and only in that part of the building, which is open to the general public, and all such samplings shall occur where they can be publicly viewed; and

d.

The samples must be dispensed at no charge and consumed on the licensed premises during the permitted hours of off-sale in a quantity less than one hundred (100) milliliters of malt liquor per variety per customer, fifteen (15) milliliters of distilled spirits per variety per customer, fifty (50) milliliters of wine per variety per customer and twenty-five (25) milliliters of liqueur or cordial per variety per customer.

(3)

No alcoholic beverage shall be sold to any person under the age of twenty-one (21) years.

(4)

No licensee or permittee shall: (i) keep, possess, operate or permit the keeping, possession or operation of on the premises or in any room adjoining the licensed or permitted premises controlled by the licensee or permittee any slot machine, dice or other gambling device or apparatus; (ii) permit any gambling on the licensed or permitted premises except as otherwise provided by law; or (iii) permit the licensed or permitted premises or any room in the same or in any adjoining building directly or indirectly under the licensee or permittee's control to be used as a resort for prostitutes or other disorderly persons.

(5)

All premises where any license or permit required by this chapter is granted and all premises or any room in the same or any adjoining building directly or indirectly under the control of the licensee must be open to inspection by any police or health officer or other properly designated officer or employee of the city at any time during which the place so licensed or permitted is open to the public for business;

(6)

No person may sell, give, furnish, or in any way procure for another alcoholic beverages for the consumption by an obviously intoxicated person; and

(7)

A 3.2 percent malt liquor off-sale licensee who is not also licensed to sell intoxicating liquor may not sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this chapter.

(b)

Failure to comply with any of the above conditions after a license has been issued under this chapter shall constitute grounds for suspension or revocation of the license.

(Ord. No. 2015-011, § 1, 7-28-15)