§ 112.25. APPLICATION FOR LICENSE.

(A) Form. Every application for a license issued under this chapter shall be on a form provided by the city. Every application shall state the name of the applicant, the applicant's age, representations as to the applicant's character, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an application.

(B) Financial responsibility. Prior to the issuance of any license under this chapter, the applicant shall demonstrate proof of financial responsibility as defined in M.S. § 340A.409, as it may be amended from time to time, with regard to liability under M.S. § 340A.801, as it may be amended from time to time. This proof will be filed with the city and the Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. § 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this chapter without having on file with the city at all times effective proof of financial responsibility is a cause for revocation of the license.

(C) Temporary amendment of licensed liquor premises. A holder of an on-sale liquor license shall make application to the city for a temporary amendment of the licensed premises, at least 30 days in advance, of any event at which the licensee proposes to amend the licensed premises to provide for liquor service in a compact and contiguous area not included in the original license application. Included in that application, the licensee must submit a site plan of the expansion area from which liquor is to be dispensed and consumed, the maximum anticipated number of guests attending the event and the total occupancy load for the expansion area. The application must include evidence of insurance for the expansion area and payment of all temporary amendment processing fees set forth by the City Council. The City Council shall consider all such amendments to the licensed premises using the following criteria:

(1) The expansion area must be immediately adjacent to the licensed premises;

(2) The expansion area will be used in connection with a special event no longer than 7 days in duration;

(3) No more than 4 temporary amendments will be allowed per year per licensee;

(4) Adequate measures will be taken to control access to the expansion area, to ensure that alcoholic beverages will not be furnished in violation of state law or this code to persons under the age of 21 years or to obviously intoxicated persons, or carried outside of the licensed premises;

(5) Adequate measures will be taken to ensure that there will not be a violation of the city's noise ordinance;

(6) The use of the expansion area may decrease available parking below that required by the zoning ordinance for the licensed premises;

(7) The use of the expansion area will not unreasonably impede traffic circulation;

(8) The issuance of the temporary amendment will not be adverse to the public health, safety and welfare.

(D) Temporary on-sale intoxicating liquor and temporary 3.2% malt liquor licenses. A club, charitable, religious, or nonprofit organization shall make application to the city for a temporary on-sale intoxicating liquor or temporary 3.2% malt liquor license, at least 30 days in advance of any event at which the licensee proposes to provide for alcohol sale and consumption. Included in that application, the licensee must submit a site plan of the premises area from which liquor is to be dispensed and consumed, the maximum anticipated number of guests attending the event and the total occupancy load for the premises area. The application must include evidence of insurance for the premises area and payment of all fees set forth by the City Council. The City Council shall consider all such applications using the following criteria:

(1) The license will be used in connection with a special event no longer than 7 days in duration;

(2) No more than 4 temporary licenses will be allowed per year per licensee;

(3) Adequate measures will be taken to control access to the premises area, to ensure that alcoholic beverages will not be furnished in violation of state law or this code to persons under the age of 21 years or to obviously intoxicated persons, or carried outside of the premises area;

(4) Adequate measures will be taken to ensure that there will not be a violation of the city's noise ordinance;

(5) The use of the premises area will not unreasonably impede traffic circulation;

(6) The licensee has obtained adequate liquor liability insurance for the premises area; and

(7) The issuance of the temporary license will not be adverse to the public health, safety and welfare.

(Am. Ord. 2017-8-4, passed 8-8-2017) Penalty, see § 112.99