1. This chapter shall apply to existing and future outdoor target ranges within the city.
2. A conditional use permit shall be required to construct, maintain, or operate an outdoor target range.

The conditional use permit may be rescinded, after a two-week notice and a public hearing, if the council finds that the public health, safety, or welfare is jeopardized.

The range and range area shall be subjected to inspection prior to issuance of the permit and at any other time as the council may feel necessary without any notification.

1. The individual or organization requesting a permit for the construction of a new outdoor target range shall submit an application for the permit to the administrator.
2. The application shall include the following:
   1. A plan for adequate sewage treatment, a safe water supply, and the disposal of solid wastes;
   2. A letter outlining the proposed hours of operation, range etiquette, range rules to be posted, and provisions for emergency preparedness;
   3. A noise abatement plan;
   4. Photos of the property and all ranges and facilities;
   5. A site plan at a scale of one inch equals 50 feet which gives the legal description of the property, north point, location of all ranges to scale with distances to property lines proposed fencing along all developed property lines; topographic information at two-foot intervals showing all berms, noise barriers, drainage, and elevations of buildings; location and dimensions of all buildings, parking areas, and accesses; the type and nature of equipment to be installed; the type of range to be constructed; and adjacent property uses; and
   6. A list of range officers in charge for the police department.
3. The application will be reviewed by the building official, the city engineer, the city administrator and the other officials or consultants as the council may require; and their findings and recommendations shall be forwarded to the council and the applicant.

Public liability and property damage insurance, the minimum limits of coverage to be not less than $300,000.00, shall be provided. The city shall be named as an additional insured and be furnished with evidence of the coverage.

In the case of a club or organization, a list of officers is to be filed with the administrator. The council is to be notified of any change in writing to the city administrator.

Construction of the range shall be of a permanent nature and must meet all safety standards as set up by the National Rifle Association (NRA). Any expansion of the range will require an amended conditional use permit.

The entire outer area of the property for which a permit is granted shall be posted with warning signs advising the public of possible danger. The signs shall be of a permanent nature and posted at intervals of not less than 200 feet apart. Lettering shall be as follows:

The entrance to the range area must be posted as to the time the range is open for public use.

A firearm may not be discharged prior to 8:00 a.m. and not after one-half hour before dusk of each day or at any other time that for any reason whatsoever would create a danger either to the general public or users of the range.

A sign shall be displayed at the entrance to the range area and at each firing point stating club rules and NRA rules for range and gun safety.

1. Position of supervision. When a range is open to the public, there is to be a minimum of one qualified range supervisor in charge at all times during the operation of a range. A holder of a firearm safety instructor certificate of the state department of natural resources (DNR) or an NRA firearms instruction certificate or having completed a range safety program inspected and endorsed by the DNR, shall constitute a qualified supervisor.
2. Persons under age 18. No one under the age of 18 years old shall be on the range, unless:
   1. Participating in a firearm safety training program;
   2. Accompanied by a responsible adult; and/or
   3. That person has received thorough indoctrination in range safety procedures and range etiquette, if pulling targets.

All target ranges shall follow reasonable safety procedures. Prima facie evidence of reasonable safety procedures shall be those procedures set forth in the National Rifle Association Manual.

1. 1. On February 20, 2007, the city council enacted an interim ordinance (Ordinance No. 97-189) creating a moratorium on the establishment of adult uses within the city and directing the city staff to conduct a study to determine how best to regulate such uses. The scope of the study was to include, but not be limited to, the following:
      1. The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses;
      2. The density and concentration of adult uses; and
      3. The effect of adult uses on other uses in the surrounding area.
   2. Upon completion of the study, the matter was to be considered by the planning commission for its review and recommendation to the city council.
   3. The study has been completed and the planning commission has reviewed the study and has passed its recommendation to the city council for review. The city council has also reviewed the staffs study and duly considered the recommendation of the planning commission.
2. The staffs study contained copies of certain reports, specifically including a report which was prepared by the state attorney general entitled, "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989 (the report). The report considered evidence from studies conducted in Minneapolis, St. Paul, and many other cities throughout the country relating to sexually-oriented businesses. The city staff, planning commission, and city council have reviewed the report.
3. The report, based upon the above-referenced studies and the testimony and evidence, concluded, among other things, "that sexually-oriented businesses are associated with high crime rates and depression of property values." Prior to the issuance of the report, the State Attorney General's Working Group also heard testimony that "the character of a neighborhood can dramatically change when there is a concentration of sexually-oriented businesses adjacent to residential property." The report found and concluded that:
   1. Adult uses have an impact on the neighborhoods surrounding them, which is distinct from the impact caused by other commercial uses;
   2. Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership;
   3. The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases;
   4. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior;
   5. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually-oriented businesses;
   6. Many members of the public perceive areas within which adult uses are located as less desirable than other areas which do not have such uses;
   7. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and
   8. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one- to three-block area of the store.
4. The city council finds the characteristics of the city are substantially similar to those of the cities cited by the report when considering the effects of adult uses.
5. The city council finds, based upon the report and the studies cited therein, that adult uses may have adverse secondary effects upon certain preexisting land uses within the city, and that the public health, safety, and general welfare will be promoted if the city adopts regulations regarding adult uses.
6. The city council finds that the adverse secondary effects tend to diminish if adult uses in the city are regulated by locational and licensing requirements.
7. It is not the intent of the city to prohibit adult uses from having a reasonable opportunity to locate within the city.
8. The city's current zoning ordinance does not address such adult uses, which have been found by other municipalities to cause similar adverse secondary effects. Specifically, the city council is concerned that the city's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended.
9. In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following:
   1. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses;
   2. The concentration and density of such uses in the city and its neighborhoods; and
   3. The effect of such uses on other uses in the surrounding area.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult establishment.

Adult patronage means any business that is conducted exclusively for the patronage of adults and that excludes minors from patronage, either by operation of law or by the owners of the business.

Adult usage means any business that engages in any adult use.

Receipts; floor area; types of merchandise means any business that:

1. Derives 25 percent or more of its gross receipts during any calendar month from; or
2. Devotes 25 percent or more of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to; items, merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas.

Adult uses, generally, means and includes adult book stores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, or establishments, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen, heard, or smelled by members of the public. Activities and matters classified as obscene as defined by M.S.A. § 617.241 are not included as an adult use and are prohibited in the city. The term "adult uses" includes, but is not limited to, the following:

Adult body painting studio means an establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.

Adult bookstore means a building or portion of a building used for the barter, rental or sale of items consisting of printed matter, specifically including, but not limited to, greeting cards, pictures, slides, records, audio tape, videotape or motion picture film, if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult cabaret means a building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.

Adult companionship establishment means a companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult conversation/rap parlor means a conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult health/sport club means a health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage by reason of age and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult massage parlor, health club, means a massage parlor or health club which restricts minors by reason of age, or which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult modeling studio means a modeling studio which restricts minors by reason of age, or whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers, or who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled or operated, still or motion picture machines, projectors or other image-producing devices (including, but not limited to, images from CD-ROM and/or the internet) are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult motion picture theater means a building or portion of a building used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age, or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult novelty business means an establishment or business engaged in the sale of novelty items which:

1. Restricts minors by reason of their age; or
2. Has as its principal activity the sale of devices and other products which:
   1. Stimulate human genitals or devices which are designed to create sexual stimulation or excitement;
   2. Are otherwise designed to stimulate or arouse sexual excitement in any manner whatsoever, specifically including, but not limited to, items such as inflatable dolls or similar devices; and/or
   3. Is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult sauna means a sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing utilizing steam or hot air as a cleaning, relaxing or reducing agent, or if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult steam room/bathhouse facility means a building or portion of building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Minor means an individual under 18 years of age.

Specified anatomical areas means:

1. Female. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast below a point immediately above the top of the areola; and
2. Male. Human male genitals even if completely and opaquely covered.

Specified sexual activities means:

1. General sexually-oriented acts.
   1. Actual or simulated:
      1. Sexual intercourse;
      2. Oral copulation;
      3. Anal intercourse;
      4. Oral-anal copulation;
      5. Bestiality;
      6. Direct physical stimulation of unclothed genitals or the female breast;
      7. Flagellation or torture in the context of a sexual relationship.
   2. The use of excretory functions in the context of a sexual relationship; or
   3. Any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
2. Genitalia. Any clear depiction of human genitals in the state of sexual stimulation, arousal or tumescence;
3. Certain uses and activities. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
4. Touching. Fondling or touching of nude human genitals, public region, buttocks, or female breast;
5. Nature of clothing, or lack thereof. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such person;
6. Animals. Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being;
7. Irrigation. Human excretion, urination, menstruation, vaginal irrigation.

1. Location restrictions. The following restrictions set forth below shall apply to the location of adult establishments:
   1. No adult establishment shall be operated or maintained except within the BP Commercial Zoning District pursuant to a conditional use permit.
   2. No adult establishment shall be operated or maintained on a parcel within 1,350 feet of any residential district, public or private school with students primarily under the age of 18, or public facilities, or religious place of worship, or within 500 feet of another adult establishment. Distance shall be measured from the closest point of the lot lines of subject uses.
   3. No adult establishment incorporating live performances shall be operated or maintained on a parcel within 50 miles of another adult establishment that provides space for live performances. Distance shall be measured from the closest point of the lot lines of subject uses.
2. Sign requirements. In addition to the requirements of sign regulations of the development ordinance (and as subsequently amended), all businesses regulated under this chapter shall comply with the following sign requirements:
   1. All signs shall be wall signs.
   2. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or in any area where they can be viewed from a public street or sidewalk in front of the building.
   3. Window areas shall not be covered or made opaque in any way.
   4. No sign shall be placed in any window.
   5. A one square-foot sign shall be placed on the door of the establishment to state hours of operation and admittance is limited to adults only.
   6. Sign content shall be limited to text only. Text is limited to the name of the business and its address.
   7. Where any provisions of this section conflict with sign ordinances, the provision that is more stringent shall be applied.
3. Physical layout of business. Any adult establishment, having available for customers, patrons or members, a booth, room or cubicle for the private viewing of any specified anatomical areas or specified sexual activities, must comply with the following requirements:
   1. Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult establishment and shall be unobstructed by any door, lock or other control type devices.
   2. Every booth, room or cubicle shall meet the following construction requirements:
      1. Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any non-public areas by a wall.
      2. Each booth, room or cubicle shall have at least one side totally open to a public lighted aisle so there is an unobstructed view at all times of anyone occupying the area.
      3. All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be light-colored, non-absorbent, smooth-textured and easily cleanable.
      4. The floor must be light-colored, non-absorbent, smooth-textured and easily cleanable.
      5. The lighting level of each booth, room or cubicle when not in use shall be a minimum of ten footcandles at all times, as measured from the floor.
   3. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.
4. License required.
   1. From and after the effective date of this chapter, no adult establishment shall be operated or maintained in the city without first obtaining a license to operate issued by the city.
   2. A license may be issued for only one adult establishment located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than one adult establishment shall have a separate license for each such business.
   3. No license or interest in a license may be transferred to any person, partnership, corporation, or other entity.
   4. Only one licensed adult establishment may be operated:
      1. Within a single building; or
      2. Upon a single tax parcel.
   5. No liquor license shall be issued for an adult establishment.
5. Application for license.
   1. Any person, partnership or corporation desiring to secure a license shall make application to the city clerk.
   2. The application for a license shall be upon a form provided by the city.
   3. An applicant shall furnish the following information:
      1. Names, addresses and dates of birth of applicant and spouse, if any;
      2. Written proof that the applicant is at least 18 years of age;
      3. Address of the adult establishment to be operated by the applicant;
      4. The name of the city, county and state, if any, where the applicant previously operated an adult establishment;
      5. Whether the applicant has ever been convicted of a felony involving sexual conduct, the use or distribution of controlled substances or the use or distribution of a dangerous weapon. If the answer to the last is yes, state the jurisdiction in which the offense or offenses occurred. The applicant may attach any explanation he deems appropriate; and
      6. If the applicant is a corporation (partnership/limited liability company/trust or other business entity which is not a natural person), the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all shareholders owning more than five percent of the stock in said corporation and all officers and directors of the corporation.
   4. Within 60 days of receiving a completed application for a license, the city clerk shall submit the application to the city council for approval or denial.
   5. Failure or refusal of the applicant to give any information relative to the investigation of the application shall constitute grounds for denial of the license.
6. Standards for issuing licenses.
   1. To receive a license to operate an adult establishment, an applicant must meet the following standards:
      1. The applicant must be 18 years of age or older.
      2. The applicant or his spouse has not been denied a similar license by any other city, county or state within the preceding 12 months or has not had such a license revoked or suspended within the preceding 12 months.
      3. All current real estate taxes have been paid on the licensed premises.
      4. The licensed premises meets all the provisions of this chapter as well as all building and fire codes.
      5. The applicant or spouse has not been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by state laws, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the applicant.
      6. All license and investigation fees required by this chapter have been paid.
   2. For the purposes of this subsection (f), the term "applicant" shall include an individual, all persons having a financial interest in a partnership or joint venture, and, in the case of a corporation (partnership/limited liability company/trust or other business entity which is not a natural person), all officers, directors and stockholders required to be named in the application.
   3. All police, fire and building code investigations shall be completed within 21 days after the date the completed application is filed with the city clerk. Upon a showing of good cause and reasonable diligence on the part of an investigator, the city council may extend the investigation period for a reasonable time. Any investigation not completed within the allotted time period shall be deemed to be waived.
7. License fees.
   1. The annual license fee to operate an adult establishment shall be determined by the city council by resolution.
   2. In addition to the annual license fee, an investigation fee in an amount determined by the city council by resolution shall be paid at the time of the initial license application.
   3. All appropriate fees shall be submitted along with the application for a new or renewal license.
   4. If an application is denied, the license fee, but not the investigation fee, shall be refunded to the applicant.
8. Display of license. The license shall be displayed in a conspicuous public place in the adult establishment.
9. Renewal of license.
   1. Every license issued pursuant to this chapter shall expire at 12:00 midnight on December 31 of each year unless sooner revoked by the city council, and must be renewed before operation is allowed in the following year.
   2. Applications for renewal must be submitted with the annual license fee to the city clerk not later than 60 days before the license expires.
   3. Renewal of a license may be issued by the city clerk unless the clerk finds cause for not renewing the license, in which case the clerk shall submit the renewal application to the city council prior to the expiration of the license.
   4. No license for which application for renewal has been timely made shall be deemed to expire until the city council has rendered its decision not to renew a license. No application for renewal of a license may be denied by the city council until after the applicant has received ten days' written notice of a public hearing before the council. The applicant may appear with or without counsel at that public meeting and may present such evidence and witnesses as he deems appropriate.
10. Revocation of license.
    1. The city council shall revoke a license for any of the following reasons:
       1. Discovery that false or misleading information or data was given on any initial or renewal application or material facts were omitted from any such application;
       2. The operator or an employee of the operator violates any provisions of this chapter or any rule or regulation adopted by the council pursuant to this chapter; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee the penalty shall not exceed a suspension of 30 days if the council finds that the operator had no actual or constructive knowledge of such violation and could not, by the exercise of due diligence, have had such actual or constructive knowledge;
       3. The operator becomes ineligible to obtain a license;
       4. Any cost or fee required to be paid by this chapter is not paid; and/or
       5. Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult establishment.
    2. The council, before revoking or suspending any license, shall give the operator ten days' written notice of the charges against him, and an opportunity for a public hearing before the council, at which time the operator may appear with or without counsel and may present such evidence and witnesses as he deems appropriate.
    3. The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
    4. Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult establishment for six months from the date of revocation of the license.
11. Responsibilities of operator.
    1. Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
    2. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for the purposes of determining whether the operator's license shall be revoked, suspended or renewed.
    3. No employee of an adult establishment shall allow any minor to loiter around or to frequent the adult establishment or to allow any minor to view specified anatomical areas or specified sexual activity at the adult establishment.
    4. The operator shall maintain the premises in a clean and sanitary manner at all times.
    5. The operator shall maintain at least ten footcandles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles; provided, however, at no time shall there be less than one footcandle of illumination in said aisles as measured from the floor.
    6. All business transactions shall occur within the licensed building.
    7. No employee shall have been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by state laws, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the employee.
    8. No minor may be employed by or work at an adult establishment.
    9. The operator shall ensure and be responsible for the compliance of the establishment and its patrons with the provisions of this chapter.
12. Exclusions. All public and private schools or churches located within the city are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.
13. No minors. No person under the age of 18 shall be permitted to be present in an adult establishment.
14. Hours of operation. The hours of operation for any business licensed under this chapter shall be between 9:00 a.m. to 12:00 midnight.
15. Enforcement. Members of the law enforcement agency providing service to the city, the fire marshal, or designee, the building official or designee and the zoning administrator or designee, shall have authority to enter any adult establishment at all reasonable times to inspect the premises for the purposes of enforcing this chapter and all other applicable state laws, fire codes and building codes.

The city may enforce any provision of this chapter by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. The chapter may also be enforced by appropriate criminal prosecution.

1. Any individual, partnership or corporation (partnership/limited liability company/trust or other business entity which is not a natural person) who is found to have violated the provisions of this chapter shall be guilty of a misdemeanor and shall also be subject to revocation of any license.
2. Each violation of this chapter shall be considered a separate offense and any violation continuing more than one day shall be considered a separate offense.

The city council finds that therapeutic massage and bodywork establishments potentially provide an opportunity for the commission of crimes, including, but not limited to, prostitution. The purpose of this chapter is therefore to prevent businesses from being used as facilities for commission of crimes and to ensure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accredited institution means an educational institution currently holding accredited status from the North Central Association of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States Department of Education or is licensed or registered by the state agency having jurisdiction over the school. The accredited institution must also be in compliance with the National Certification Board for Therapeutic Massage and Bodywork or other nationally recognized certification licensing organizations.

Accredited program means a professional massage program currently holding accredited status by the commission on massage therapy accreditation (COMTA), or a comparable national or regional organization which is approved by the United States Department of Education for its accrediting program for compliance with quality and competency standards through a process of periodic peer review and self-study. The accredited program must also be in compliance with the National Certification Board for Therapeutic Massage and Bodywork or other nationally recognized certification licensing organization.

1. No person shall exercise, carry on, or be engaged in the trade or business of providing massage therapy or bodywork or operating a massage therapy or bodywork establishment unless such person is currently licensed under this chapter. The application and licensing processes are described in LEC 11.20.110 through LEC 11.20.140. This section is intended to require the licensing of the business as an entity, as well as each person employed by the business for the purpose of providing therapeutic massage or bodywork therapy.
2. Notwithstanding the licensing requirements detailed under subsection (a) of this section, therapeutic massage premises license holders allowing persons to provide therapeutic massage or bodywork services at a therapeutic massage establishment without a current license may be held responsible and charged with a violation of this chapter.

The following persons or places, as described, shall be exempt from the licensing requirements of this chapter:

1. Persons duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage or bodywork business.
2. Persons duly licensed by the state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and, provided that massages provided by beauty culturists are limited to the head, hand, neck and feet, and that massages provided by barbers are limited to the head and neck.
3. Students participating in an educational massage therapy program at an accredited college providing therapeutic massage therapy under the direct supervision of a licensed massage therapist/bodyworks therapist, or licensed health professional under which massage is within the scope of their practice.
4. Off-site locations at which a client receives therapeutic massage or bodywork services from a licensed massage or bodywork therapist, licensed pursuant to the terms of this chapter.
5. As described in M.S.A. § 471.709, a massage therapist who is working for or an employee of a medical professional licensed under M.S.A. ch. 147 or 148.

1. No license under this chapter shall be issued to an applicant who is a natural person if such applicant:
   1. Is a minor at the time the application is filed;
   2. Has been convicted of or entered a plea of guilty within the previous three years to a violation of this chapter or of any other law regulating the practice of therapeutic massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house;
   3. Is not of good moral character or repute;
   4. Holds an intoxicating liquor license under LEC 11.08; or
   5. Provides any false, fraudulent, or deceptive information in the required application.
2. The provisions of this section as described in subsections (a)(1) through (5) of this section, shall also apply to any partnership if such applicant has any general partner or managing partner meeting any of the described criteria; and shall also apply to any corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business meeting any of the described criteria.
3. The following locations shall be ineligible for a license under this chapter:
   1. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under M.S.A. §§ 278.01 through 278.03, questioning the amount or validity of taxes, the city council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due.
   2. No license shall be granted or renewed if the property on which the business is to be conducted is owned by a person who is ineligible for a license under the requirements of any chapter of this Code.

1. Application fee.
   1. The license application fee shall be as determined by the city council, and should, as closely as possible, reflect the actual cost of processing, verifying, and approving the application. An applicant for any license under this chapter shall be responsible for the payment of all actual expenses related to the background investigation conducted by the city, up to a maximum cost of $250.00 per person employed or contracted with as a massage or bodyworks therapist. The intent of this section is to require a background investigation for all persons employed by or contracting with any massage therapy or bodywork business operating within the city. These costs shall be paid to the city prior to the issuance of an individual or business license.
   2. In the event that the licensed premises defines a structure not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license by the city council or upon the date the building is ready for occupancy, whichever is sooner.
   3. When a new license application is submitted as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged, no additional fee shall be required.
2. Annual license renewal fee. The annual license renewal fee shall be determined by the city council and should, as closely as possible, reflect the actual cost of processing, verifying and approving the renewal application. For the purpose of establishing an initial licensing fee, the annual renewal fee shall be calculated at the rate of $50.00 for the business entity and $25.00 per massage therapy or bodyworks practitioner employed by or contracting with the business entity.

1. Educational requirements. Persons applying for a license under this chapter shall provide, in addition to the general application described later in this chapter:
   1. One of the following:
      1. Proof of successful completion of a minimum of 500 hours of therapeutic massage training/coursework that includes subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or program;
      2. A diploma or certificate of graduation from a comprehensive massage therapy program consisting of the coursework stated in subsection (a)(1)a of this section, issued to the applicant from an accredited institution or an accredited program;
      3. Proof of passing the National Certification Exam offered by the National Certification Board for Therapeutic Massage and Bodywork or proof of passing the Federation of State Massage Therapy Boards (FSMTB) Massage and Bodywork Licensing Examination (MBL Ex);
      4. Such other information as the city shall require; and
   2. Proof of current certification in the administration of cardiopulmonary resuscitation (CPR). This certification must remain valid at all times.
2. Inspection of premises. During business hours, all therapeutic massage and bodywork establishments shall be open to inspection by city building and license inspectors, health officers, and licensed peace officers. At the request of the described inspecting parties, any person licensed under this chapter shall produce correct and authentic identification that includes a true legal name and current home address.
3. License display. A license issued under this chapter must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application. In addition to the license issued to the business establishment, the licenses issued to individual persons employed by the business shall be displayed in a similar manner.
4. Maintenance of order. A licensee under this chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order.
5. Gambling. No licensee under this chapter may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under M.S.A. §§ 349.11 through 349.60, may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to M.S.A. §§ 349A.01 through 349A.15.
6. Alcohol or drugs prohibited. No beer, liquor, narcotic drug, or controlled substance, as such terms are defined by state statutes or this Code, shall be permitted on the premises.
7. Building, safety and health regulations. Any establishment licensed under this chapter shall be in full compliance with all applicable local, state and federal building, safety and health laws and regulations.
8. Locks on doors. There shall be no locks placed upon or used on the doors of massage rooms.
9. Professional liability insurance. Each business as an entity and each practitioner individually shall obtain and keep current a professional liability insurance policy governing the activities of the business and practitioner.
10. M.S.A. ch. 146A. Each business as an entity and each practitioner individually shall additionally comply with all of the requirements and regulations established by M.S.A. ch. 146A. This chapter establishes the state office of unlicensed complementary and alternative health care practice and establishes additional regulations and requirements for these businesses types.
11. Appointment record requirement. All licensees shall be responsible for keeping appointment records of all off-site therapeutic massage/bodywork services provided. The records shall be sequential and shall include the name of the therapist conducting the service, the name and signature of the client, the address where the service was provided, and the date and time of the service. Licensed therapists shall have appointment records in possession at all off-site locations. Appointment records shall be kept for a period of 24 months from the date of the service.

Each license under this chapter shall be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give, or assign a license to another person.

1. The city council may suspend or revoke a license issued under this chapter upon a finding of a violation of:
   1. Any of the provisions of this chapter;
   2. Any state statute regulating therapeutic massage or bodywork; or
   3. Any state or local law relating to moral character and repute.
2. Any conviction by the license holder for any other law regulating the practice of massage or bodywork, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder.
3. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the city council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least eight days' notice of time and place of the hearing and shall state the nature of the charges against the license holder. The council may, without any notice, suspend any license pending a hearing on revocation for a period not to exceed 30 days. The notice may be served upon the license holder by United States mail addressed to the most recent address of the business in the license application.

Any touching, manipulation, stimulation, or excitation of the primary genital area of a client by a massage therapist or bodywork practitioner, or of a massage therapist or bodywork practitioner by a client, pursuant to the provision of a massage or bodywork technique, is expressly prohibited. The offer or suggestion to provide any of the described acts to a client by the massage therapist or bodywork practitioner is prohibited.

Every application for a license under this chapter shall be made on a form supplied by the issuing authority and shall contain the information described below. The intent of the application process is to acquire sufficient information on the owner of the business and each employee or contractor with the business as to allow a thorough background investigation and an informed decision by the city with regard to licensing. If the applicant is employed by or contracting with a business, and is not the owner of the business, it will not be necessary to provide information regarding the applicant's spouse.

1. If the applicant is a natural person.
   1. The name, place and date of birth, street address, and phone number of the applicant;
   2. Whether the applicant is a citizen of the United States or a resident alien;
   3. Whether the applicant has ever used or been known by another name other than the applicant's name, and if so, the name or names used and information concerning the dates and places when used;
   4. The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by M.S.A. § 333.01;
   5. Whether the applicant will engage in off-site massage/bodywork services;
   6. The street addresses at which the applicant has lived during the preceding five years;
   7. The type, name, and location of every business or occupation in which the applicant has been engaged during the preceding five years and the names and addresses of the applicant's employers and partners, if any, for the preceding five years;
   8. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had; and
   9. The physical description of the applicant.
2. If the applicant is married.
   1. The name, place and date of birth, and street address of the applicant's current spouse;
   2. The type, name, and location of every business or occupation in which the applicant's current spouse has been engaged during the preceding five years;
   3. The names and addresses of the employers or partners of the applicant's current spouse for the preceding five years; and
   4. Whether the applicant's current spouse has ever been convicted of any felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for such convictions.
3. If the applicant is a partnership.
   1. The names and addresses of all general and limited partners and all information concerning each general partner required in subsection (a) of this section;
   2. The names of the managing partners and the interest of each partner in the massage therapy business; and
   3. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to M.S.A. § 333.01, a certified copy of such certificate shall be attached to the application.
4. If the applicant is a corporation or other organization.
   1. The name of the corporation or business form, and if incorporated, the state of the incorporation;
   2. A true copy of the certificate of incorporation, articles of incorporation or association agreement, and bylaws shall be attached to the application. If the application is a foreign corporation, a certificate of authority as required by M.S.A. § 303.06 shall be attached;
   3. The name of the managers, proprietors, or other agents in charge of the business and all information concerning each manager, proprietor, or agent required in subsection (a) of this section; and
   4. A list of all persons who control or own an interest in excess of five percent in such organization or business form or who are officers of the corporation or business form and all information concerning the persons required in subsection (a) of this section.
5. For all applicants.
   1. Whether the applicant holds a current massage therapy license from any other governmental unit;
   2. Whether the applicant has previously been denied a massage therapy license from any other governmental unit;
   3. The names, street resident addresses, and business addresses of three residents of the seven-county metropolitan area, who are of good moral character and who are not related to the applicant or not holding any ownership in the premises or business, who may be referred to as to the applicant's and/or manager's character;
   4. The location of the business premises;
   5. The legal description of the premises to be licensed;
   6. Whether all real estate and personal property taxes that are due and payable to the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid;
   7. Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the city building department, no plans need to be submitted with the issuing authority; and
   8. Such other information as the city council or issuing authority may require.

All applications for a license under this chapter shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license.

All applications shall be referred to the issuing authority for verification and investigation of the facts set forth in the application. The issuing authority shall make a written report and recommendation to the city council as to the issuance or non-issuance of the license. The city council may order and conduct such additional investigation as it deems necessary.

1. The city council shall conduct a hearing on the license application within a reasonable period following receipt of the issuing authority's report and recommendation regarding the application. At least ten days in advance of the city council hearing on an application, the issuing authority shall cause notice of the hearing to be published in the official newspaper of the city, setting forth the day, time, and place of the hearing; the name of the applicant; the premises where the business is to be conducted; and the type of license which is sought. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the city council deems additional hearings necessary. After the hearing or hearings on the application, the city council may, in its discretion, grant or deny the application.
2. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises.

All licenses issued pursuant to this chapter shall expire on October 31 of each year. Each license shall be issued for a period of one year except that, if a portion of the license year (November to October following) has elapsed at such time as the application is filed, a license may be issued for the remainder of the license year for a pro rata fee. For the purpose of computing such pro rata fee, any fraction of a month falling within the license period shall be counted as a full month.

1. Applications for the renewal of an existing license shall be made at least 30 days prior to the date of the expiration of the license and shall be made in such form as the issuing authority requires. If, in the judgment of the issuing authority, good and sufficient cause is shown by an applicant for the applicant's failure to submit a renewal application before the expiration of the existing license, the issuing authority may, if the other provisions of this chapter are complied with, grant the renewal application.
2. A license under this chapter will not be renewed:
   1. If the issuing authority determines that the licensee has failed to comply with the provisions of this chapter in preceding license years;
   2. If the licensee, or if the licensee does not manage the establishment, the manager of the licensed premises is not a resident of the seven-county metropolitan area on the date that the renewal takes effect;
   3. If in the case of a partnership, the managing partner or other person who manages the establishment is not a resident of the seven-county metropolitan area on the date the renewal takes effect; or
   4. If in the case of a corporation, or other organization, the manager, a proprietor, or agent in charge of the establishment is not a resident of the seven-county metropolitan area on the date the renewal takes effect.
3. The time for establishing residence in the seven-county metropolitan area may, for good cause, be extended by the city council.

A violation of this chapter shall be a misdemeanor under state law.

It is deemed in the interest of the public and the residents of the city that the work involved in building, alteration, construction, and the installation of various appliances and service facilities in and for such buildings be done only by individuals that have demonstrated or submitted evidence of their competency to perform such work in accordance with applicable codes and ordinances of the city regulating the same.

1. License required.
   1. No person, firm or corporation shall operate, maintain, conduct or engage in the following businesses or work, except in accordance with state statutes, this Code and other applicable ordinances of the city:
      1. Driveway.
      2. Right-of-way.
   2. This section shall not be construed as preventing any such qualified licensee from performing the work by an employee under his supervision and control, or by contract with another person qualified to perform the same, provided that the contractor is subject to the control of the licensee, and the licensee is at all times responsible for the work performed. A contractor not subject to the control of a licensee shall be required to obtain a license.
2. Permit required. For each of the businesses or occupations listed in subsection (a)(1) of this section for which the state provides for the registration thereof, permits shall be granted only to holders of a state or city license; except that the owner of any property may perform work when work is performed in accordance with the codes and ordinances of the city, and for such purpose, a permit may be granted to such owner without a licensed obtained.

1. Contents of application; insurance.
   1. Applications for a license shall be made on a form provided by the city clerk. On such form, the applicant shall state the following information:
      1. His name, and business and home address; and if the application is made on behalf of a partnership, association or corporation, the name and address of such partnership, association or corporation, and the phone number of the contact person;
      2. If the proposed licensee is a partnership, the name and home addresses of all partners; or if the proposed licensee is an association or corporation, the names and home addresses of its principal officers and managers and of the owners (not to exceed ten) or the largest shareholders of the business or enterprise; and
      3. Such information as is required to be furnished by ordinance or is reasonably required by the city clerk or other applicable city departments.
   2. The application shall include documentation indicating insurance coverage, which shall remain in effect during the license term, and non-cancellation provisions, which provide a minimum of 30 days' notice to the city prior to cancellation, as follows:
      1. Comprehensive general liability insurance not less than $100,000.00 for injuries including accidental death to any one person, and subject to the same limit for each person in an amount of not less than $300,000.00 on account of any one accident;
      2. Property damage insurance not less than $50,000.00 for each accident and not less than $100,000.00 aggregated; and
      3. Workers' compensation insurance coverage of employees as required by state law.
2. Signatures required. The proposed licensee shall sign the application; or if the proposed licensee is a partnership, an association or corporation, at least one person having power under its bylaws to execute contracts of the association or corporation shall sign.
3. Renewal applications. Applications for renewals of licenses may, in the interest of brevity, substitute for any required information a reference to statements contained in previous applications, which are on file with the city.
4. Issuance of license. The license shall be granted by the city clerk, after positive recommendations from applicable city staff, upon proof of the applicant's qualifications, and compliance with LEC 11.24.040.
5. Denial of license; appeal. In the event the city clerk determines that the application does not comply with the ordinance criteria, the report and recommendation of the city clerk and applicable staff shall be referred to the city council, together with the reason or reasons for the proposed denial. A copy of the recommendation shall be supplied to the applicant. The applicant may appear before the city council to respond to the recommendation of denial. The city council shall make the appropriate findings and either issue or deny the license application.

1. Standards for issuance generally; term. Licenses and renewals thereof shall be issued after a verification of the applicant's qualification and record in the performance and operation of the types of work for which the applicant seeks a license. Licenses shall be issued for one calendar year from January 1 through December 31. New licenses will run from date of issuance through December 31.
2. Standards for denial. Licenses and renewals therefor may be denied by the city council for any of the following reasons:
   1. Failure to complete the application or file the required license fee or insurance policy.
   2. Misstatement in the application.
   3. Failure to comply with special conditions required by statue or ordinance for issuance of a license.
   4. Violations of licensing ordinances by applicant, or suspension or revocation licenses held by the applicant in the city or elsewhere.
   5. Violation of any state statute or city code provision which creates a threat to the public peace, health, safety and welfare.
   6. Disregard and violation of the building, housing, sanitary, health, or fire laws of the state, county, or city.
   7. Any conduct which is contrary to the public interest, including, but not limited to, fraud, misrepresentation, or other dishonest or deceitful conduct.

The annual fee for license shall be established by ordinance of the city council from time to time. No license fee shall be required of any person, firm or corporation, pursuant to this section, who, by state law, is required to attain standards of competency or experience as a prerequisite to engaging in such craft or profession, provided that the person shall provide evidence to the city that the individual, firm or corporation has a license in good standing from the state, and further provides proof of insurance in effect through the term of license issued by the state.

1. Grounds for suspension or revocation. If any licensee violates or is in default of complying with any condition, requirement, duty or rule of conduct imposed on him by any statue or ordinance, or if any one or more of the following conditions exist, the city clerk may initiate proceedings before the city council to suspend or revoke the licensee's license:
   1. If the applicant for a license or renewal thereof knowingly made any false statements in the application for a license;
   2. When the applicant has violated any state statute or city code provision which creates a threat to the public peace, health, safety and welfare;
   3. When there is disregard and violation of the building, housing, sanitary, health or fire laws of the state, county or city;
   4. For failure to notify the city of any change in control of ownership, management or business name or location within 30 days of such change;
   5. Conducting a building contracting business in any name other than the one for which the contractor is licensed; or
   6. Any conduct which is contrary to the public interest, including, but not limited to, fraud, misrepresentation or other dishonest or deceitful act.
2. Procedures for suspension or revocation. Procedures for suspension or revocation shall be as follows:
   1. The licensee shall be provided with notice of the reasons for any proposed suspension or revocation. The notice shall provide the licensee with an opportunity to explain the rationale for the proposed suspension or revocation.
   2. The licensee shall be notified in advance of the date, time, place and purpose of the council meeting where the action on the license will be considered. The licensee shall have an opportunity to be heard at the meeting. After making appropriate findings, the council may continue the license in effect, impose conditions on the license or revoke the license.

No license will be required under this chapter in the following circumstances:

1. For public service corporations performing work upon or in connection with their own property, except as may be provided by other provisions of this Code.
2. For manufacturers for work incorporated with equipment as a part of the manufacturing, except as provided in other provisions of this Code.

This chapter shall not be construed to affect the responsibility or liability for any party owning, operating, or installing the work described in this chapter for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability by reason of the licensing of persons engaged in such work.

Finding and Purpose. The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Lake Elmo (hereinafter “City”) to protect the public health, safety, welfare of City residents by regulating cannabis businesses. The City finds and concludes the proposed provisions are appropriate and lawful land use regulations, will promote the community's interest, and are in the public interest and for the public good.

1. Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
2. Definitions.

• Applicant means an entity with a license or endorsement issued by the OCM that is applying for an initial registration or for registration renewal.
• The Act means Minnesota Statutes, Chapter 342, as is may be amended from time to time.
• Cannabis Business has the same meaning as defined in Minnesota Statutes, section 342.01. Cannabis Retailer means a business with a cannabis retailer license or cannabis retail endorsement from OCM.
• Retailer means every business that is licensed under the Act and required to register with the City under Minnesota Statutes, section 342.22. Including cannabis businesses and lower-potency hemp edible retailers.
• OCM means the Minnesota Office of Cannabis Management.
• Potential Licensee means an entity that has not received a license from the OCM and is seeking a pre-license certification.

1. The City Administrator is authorized to certify whether a proposed Cannabis Business complies with the City’s zoning ordinances, this Chapter, and if applicable, with state fire code and building code pursuant to Minnesota Statutes, section 342.13.
2. Potential licensees are responsible for obtaining all necessary zoning approvals prior to the City receiving the request for certification from the OCM. If a potential licensee fails to obtain necessary zoning approvals prior to the City receiving a request for certification, the City will inform the OCM that the potential licensee does not meet zoning and land use laws. If, at the time the City receives a request for zoning certification, there are no further intended alterations to the building where the business is to be conducted, the City will also certify compliance with building and fire code regulations, provided that the potential licensee has obtained inspections prior the City’s receipt of a request for certification from the OCM. Building and fire code inspections will be valid for 1 year from completion.

(a)   Retail Registration Required

(1)    No individual or entity may operate a retailer within the City of Lake Elmo without first registering with the City.

(2)    Any retailer that sells to a customer or patient without valid retail registration shall incur a civil penalty of up to $2,000 for each violation.

(b)   Compliance Checks Prior to Registration

(1)     Prior to issuance of a cannabis retail business registration, the City shall conduct a preliminary compliance check to ensure compliance with local ordinances.

(c)   Registration & Application Procedure

(1)      Processing Registrations. Applications will be processed on a first-come, first-served basis based on the City receiving a complete application. Applications will be considered complete when all materials in LEC 11.28.030 (C)(3) are received by the city and include all required information and the fee described in LEC 11.28.030(c)(2) is received

(2)     Fees. A registration fee, as established in the City’s fee schedule, shall be charged to applicants depending on the type of retail business license applied for.

(3)      Application Submittal. The applicant must submit a registration application or renewal form provided by the City. The form may be amended from time to time by the City Clerk, but must include or be accompanied by:

a.   An applicant for a retail registration shall fill out an application form, as provided by the City of Lake Elmo. Said form shall include, but is not limited to:

1.   Full name of property owner and applicant.

2.   Address, email address, and telephone number of the applicant.

3.   The address and parcel ID for the property which the retail registration is sought.

4.   Certification that the applicant complies with the requirements of local ordinances established pursuant to 342.13.

b.  The applicant shall include with the form:

1.    The registration fee as required in LEC 11.28.030(c)(2), above.

2.    A copy of a valid state license or written notice of OCM license preapproval.

c.   Once an application is considered complete, the City shall inform the applicant as such, process the application fees, and forward the application to the City Council for approval or denial.

d.   The application fee shall be non-refundable once processed.

(4) Reasons for Denial. The City shall not issue a registration or renewal if any of the following conditions are true:

a. The applicant has not submitted a complete application. b. The applicant does not comply with the requirements of this Chapter. c. The applicant does not comply with applicable zoning and land use regulations. d. The applicant is found to not comply with the requirements of the Act or this Chapter at the preliminary compliance check. e. The applicant is not current on all property taxes and assessments at the location where the retailer is located. f. The maximum number of registrations, pursuant to LEC 11.28.040(a)(1), have been issued by the City or within Washington County. g. The applicant does not have a valid license from the OCM.

(5) Application Approval.

a. A retailer application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance, including land use standards established in Title 105 Zoning. b. A retailer application that meets the requirements of this ordinance, including land use standards established in Title 105 Zoning, shall be approved.

(6) Annual Compliance Checks.

a. The City shall complete at minimum one compliance check per calendar year of every retailer to assess if the business meets age verification requirements, as required under Minn. Stat. Chapter 342 and this ordinance. b. The City shall conduct at minimum one unannounced age verification compliance check at least once per calendar year.

1. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the local unit of government.

c. Any failures under this section must be reported to the Office of Cannabis Management.

(7) Location Change.

a. If a retailer seeks to move to a new location still within the legal boundaries of City, it shall notify City of the proposed location change, and submit necessary information to meet all the criteria in Lake Elmo City Code without the need for a new registration or fee.

(8) Suspension of Registration

a. Generally. The City Council may impose a fine or suspend a registration under this chapter on a finding that the registered business has failed to comply with the requirements of this chapter or any applicable statute or regulation. b. Notice and Right to Hearing. Prior to imposing a penalty or suspending any registration under this chapter, the City shall provide the registered business with written notice of the alleged violations and inform the registered business of his or her right to a hearing on the alleged violation. c. Notice shall be delivered in person or by regular mail to the address of the registered business and shall inform the registered business of its right to a hearing. The notice will indicate that a response must be submitted within ten (10) business days of receipt of the notice, or the right to a hearing will be waived. d. The registered business will be given an opportunity for a hearing before the City Administrator, or designee, before final action to fine or suspend a registration. Provided, the registered business has submitted a written application for appeal within 10 business days after the notice was served. The City Administrator, or designee, shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to fine or suspend the registration only upon written findings. Within ten (10) business days of the City Administrator’s, or designee’s, order, the decision may be appealed to the City Council. e. If no request for a hearing is received within ten (10) business days following the service of the notice, the matter shall be submitted to the City Council for imposition of the fine or suspension of the registration.

(9) Emergency. If, in the discretion of the City, a registered business poses an imminent threat to the health or safety of the public, the City may immediately suspend the registration and provide notice of the right to hold a subsequent hearing as prescribed in part (2) of this section.

(10) Reinstatement. The City may reinstate a registration if it determines that the violations have been resolved. The City shall reinstate a registration if the OCM determines the violations have been resolved.

(a)  Number of Retailers

(1)   The City Council can choose to limit the number of cannabis retail businesses, or cannabis businesses with retail endorsements, to one registration per 12,500 residents, pursuant to Minn. Stat. 342.13, subd. h, as may be amended, or allow no registrations citywide if there are more than one retail registration per 12,500 residents of Washington County, pursuant to Minn. Stat. 342.13, subd. ii, as may be amended.

(b)  Minimum Buffer Requirements

(1)     To receive a retail registration, a cannabis business must be compliant with the minimum buffer requirements established for such uses in Section 105.12.1490.

(2)    The buffer minimum buffer requirements will be measured from the potential licensee’s proposed business location based on the location of schools, day cares, residential treatment facilities, and park features on the date the city receives the request from the OCM for certification pursuant to LEC 11.28.020.

(3)      Nothing in this section shall prohibit a cannabis business from continuing to operate at the same location if a school, day care, residential treatment facility, or park feature establishes within the buffer.

No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place, per LEC 9.32.085, or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult-use.

Any violation of the provisions of this chapter orfailure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Each day each violation continues or exists, constitutes a separate offense. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance.

Violation of this Chapter shall be grounds for enforcement against any business license issued by the City of Lake Elmo.

1. General rule. Except as otherwise provided in this Code, all licenses and permits granted by the city shall be governed by the provisions of this chapter, LEC 11.04.010 et seq.
2. Acts prohibited. No person shall conduct any activity or use any property for which a license or permit is required by law or this Code without a currently valid license or permit for the activity or use.
3. Application. Every application for a license shall be made to the administrator on a form the administrator provides. It shall be accompanied by payment to the administrator of the prescribed fee. If, after investigation, the administrator is satisfied that all requirements of law and this Code have been met, the administrator shall present the application to the council for action or, if the license or permit does not require council approval, the administrator shall issue the license or permit.

1. Posting of license. The license or licenses provided for in this chapter shall be posted permanently and conspicuously at the location of the machine on the premises where the device is to be operated or maintained to be operated.
2. Transfer from person to person. A license shall not be transferable from person to person nor place to place, and shall be usable only at the place and by the person designated in the license.

Where a bond is required for a license or permit, the bond will be a corporate surety bond executed on a form approved by the city attorney and will be filed with the administrator before the license or permit is issued. The bond will be in the amount and with the penalty provisions as required by this Code.

If, after investigation, the administrator is satisfied that all requirements of law and this Code have been met, the administrator will present the application and a report of the investigation and findings to the council for action. If the license or permit does not require council approval, the administrator may issue the license or permit.

All licenses will terminate on December 31 of the year issued, unless otherwise indicated.

Applications for renewal of a license will be made to the administrator on forms provided. The renewal application will contain the information required for the original application plus any additional information required by the administrator.

A duplicate license certificate or tag may be issued by the administrator to replace any license certificate or tag previously issued which has been lost, stolen, defaced, or destroyed, without any willful conduct on the part of the licensee, if the licensee files an affidavit with the administrator attesting to the fact and pays to the administrator a fee as set forth in LEC 1.12.030.

Any license may be revoked by the council for a violation of the section or chapter under which it is issued. However, the revocation must follow any procedure provided in the section or chapter in question.

Any person who has made application which has been denied or not acted upon within 30 days after the application may apply directly to the council for a license. The application to the council shall contain the same information required in the original application, plus any additional information that the council may require or that the applicant may feel is pertinent. The council may grant the license, after hearing, if the requirements of LEC 11.04.010 et seq. are substantially complied with, and in the opinion of the council, granting the license would be in the best interests of the public.

Nothing in this subchapter shall in any way be construed to authorize, license, or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to the laws of the state.

Any person, firm, corporation, or association displaying for public patronage or keeping for operation any cigarette vending machine, or coin-operated, automatic machines dispensing food, soft drinks, and other food and materials, as defined in LEC 11.04.100 et seq., outside a building, shall be required to obtain an annual license from the city upon payment of a license fee. Application for the license shall be made to the city administrator upon a form to be supplied by the administrator for that purpose.

1. The application for the license shall contain the following information:
   1. Name and address of the applicant and whether applicant is 18 years of age or older;
   2. Place where machine or device is to be displayed or operated and the business conducted at that place; and
   3. Description of machine to be covered by the license, mechanical features, name of manufacturer, and serial number.
2. No license shall be issued to any applicant unless the applicant shall be over 18 years of age.

The application for license shall be made out in duplicate, one copy being referred to the code enforcement officer, who shall investigate the location where the machine is proposed to be operated and ascertain if the applicant is a person of good moral character. The enforcement officer shall recommend approval or disapproval of the application to the council.

1. Every applicant, before being granted a license, shall pay the annual license fee as set by the council for the privilege of operating or maintaining for operation each cigarette vending machine, or coin-operated machine, as defined in LEC 1.08.
2. Each license shall expire on December 31 next after its issuance.
3. The license may be transferred from one machine or device to another similar machine upon application to the administrator. The application must give a description and the serial number of the new machine or device. Not more than one machine shall be operated under one license. The applicant or licensee shall be required to secure a license for each and every machine displayed or operated by the applicant or licensee.

The license may be revoked by the council after written notice to the licensee. The notice shall specify the ordinance or law violation with which the licensee is charged. Ten-days’ notice of the hearing shall be given the licensee. At the hearing, the licensee and licensee's attorney may present and submit evidence in the applicant's or licensee's defense.

Lawful gambling, as defined in M.S.A. § 349.12, subd. 24, as it may be amended from time to time, is permitted in the city if the organization conducting the gambling meets the following criteria:

1. It is licensed by the state lawful gambling control board, and is in compliance with M.S.A. § 349, as it may be amended from time to time;
2. It is a tax exempt organization pursuant to section 501(c) of the Internal Revenue Code, as it may be amended from time to time;
3. It maintains an address within the city;
4. It has been in existence as a non-profit corporation or as a section 501(c) tax exempt organization for at least three consecutive years prior to the date the gambling operation begins;
5. Charitable gambling is limited to fraternal, religious, veterans or other non-profit organizations; and permanent, year-round licensed liquor establishments, fraternal organizations, or churches all which are currently established and operating in the city; and
6. It complies with all of the provisions of LEC 11.04.160 et seq.

1. Reports. Every organization licensed to conduct gambling in the city shall file with the administrator copies of all records and reports required to be filed with the state lawful gambling control board pursuant to M.S.A. ch. 349, as it may be amended from time to time, and the rules and regulations promulgated by M.S.A. ch. 349, as it may be amended from time to time. The records and reports shall be due at the same time they are due to the board.
2. Inspection. Every gambling event in the city conducted by an organization under M.S.A. ch. 349, as it may be amended from time to time, shall be open to inspection by officers of the police department.
3. Inspection of records. Employees of the city's police department may inspect, at any reasonable time, without notice or search warrant, all records of a licensed organization, including gambling accounts and other bank records which are required, by the state lawful gambling control board, to be maintained and preserved.

1. Notification of application. The state lawful gambling control board shall notify the council in writing in the manner required by law of each pending application for a premises permit at least 60 days before issuing or renewing the license. Each pending application for a premises permit shall be approved or disapproved by resolution of the council.
2. Filing. Any organization applying to the state lawful gambling control board for a premises permit, bingo hall license, or for the renewal of the premises permit to conduct lawful gambling in the city shall, within ten days of making the application, file the following with the administrator:
   1. A duplicate copy of the state lawful gambling control board application along with all supporting documents submitted to the state lawful gambling control board;
   2. A copy of the articles of incorporation and bylaws of the organization;
   3. The names and addresses of all officers and directors of the organization;
   4. A copy of the organization's written procedures and/or criteria for distribution of funds derived from lawful gambling, its standardized application form, and its written fiscal control procedures; and
   5. A copy of the Internal Revenue Service's tax exempt letter.
3. Investigation. Upon receipt of the materials required by subsection (b) of this section and not later than 60 days from receipt of notice from the state lawful gambling control board, city staff shall investigate the applicant and, based upon the investigation, the council shall act on the application.
4. Approval; denial. The action of the council to approve an application for a premises permit or a bingo hall license within the city shall be by resolution. Failure to receive three affirmative votes of the city council shall constitute a denial of the application.
5. Resolution. A copy of the council resolution will be sent to the license applicant upon request.
6. Copies. Copies of any other reports or documents which are required to be subsequently filed by the organization with the state lawful gambling control board, including monthly financial statements, shall be filed with the city within ten days of filing the materials with the state lawful gambling control board.

1. Maximum number. The maximum number of locations where lawful gambling may be conducted within the city is ten.
2. Allotment to single organization. No single organization may conduct lawful gambling at more than three locations within the city.
3. Compliance. No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the city.

1. Prohibition. No sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale liquor, wine, or 3.2 percent malt liquor license, or a bottle club permit; provided further that no sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted in the room where a bingo session is taking place.
2. Regulations. Lawful gambling at on-sale liquor, wine, and 3.2 percent malt liquor establishments shall be conducted in compliance with the following regulations:
   1. Only licenses for pull tabs and raffles may be issued except where the licensed gambling organization also holds the on-sale liquor, wine, or 3.2 percent malt liquor licenses for the premises, in which case any lawful gambling license may be issued.
   2. On-sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises or any rooms adjoining the premises under the same management. No lease shall be effective between an on-sale establishment and a gambling organization while there is still a lease in effect between the on-sale establishment and another gambling organization.
   3. Every agreement between a non-profit organization and an on-sale premises for gambling shall be in the form of a written lease. The written lease shall be filed with the administrator along with the gambling license application, and there shall be no unwritten terms or conditions. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of LEC 11.04.160 et seq.
   4. A copy of any lease agreement between a non-profit organization and an on-sale licensee shall be filed with the administrator with the gambling license application.
   5. A lease agreement between a non-profit organization and an on-sale establishment shall not provide for rental payments based on a percentage of receipts of profits from lawful gambling. There shall be no other compensation paid to the on-sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement. The maximum rental fee shall be $600.00 per month or $24.00 per square foot of the leased premises, whichever is less.
   6. 1. All gambling shall be conducted from a booth or other area properly segregated from the rest of the licensed premises.
      2. The physical layout of the area set aside for gambling shall be subject to the approval of the city's police department.
   7. The gambling booth shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominently display its name and license number at its gambling booth and shall indicate that all profits from gambling are for the benefit of the organization.
   8. No employees or agents of the on-sale establishment shall handle gambling devises, gambling money, prizes, or gambling records, nor shall they record winners, replays, or free games, nor shall they otherwise conduct or assist the licensed gambling organizations in conducting the gambling operation.
   9. The gambling booth or area shall be separate from the liquor service bar area. No gambling shall be conducted from the liquor service bar area.
   10. The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money, and records. Whenever the organization is not present, all gambling devices, money, and records shall be securely locked and shall be inaccessible to employees of the on-sale establishment.
   11. No gambling employee may use intoxicating beverages while working on the sale of games.
   12. No gambling funds shall be commingled with funds of the on-sale establishment.
   13. No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances.
   14. The on-sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours.
   15. The on-sale licensee shall make no agreements with any gambling equipment distributor requiring the use of the distributor's gambling equipment in the establishment.
   16. Subsections (b)(6) through (11) of this section shall not apply when the licensed gambling organization is also the holder of the on-sale license for the establishment where the gambling is conducted.
   17. The council may disapprove a premises permit application for an on-sale establishment in which gambling violations have previously occurred.

Before any person may serve as a gambling manager for any organization licensed to conduct gambling in the city, that person must have satisfactorily completed a course of instruction conducted by the state lawful gambling control board on the duties and responsibilities of the gambling manager.

1. Percentage. Each organization conducting lawful gambling within the city shall contribute ten percent of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund for disbursement by the city for lawful purposes as defined by M.S.A. § 349.12, subd. 24, as it may be amended from time to time. The city's use of the funds shall be determined at the time of adoption of the city's annual budget or at the time of amendments to the budget.
2. Reporting requirement. The ten percent contribution imposed by section shall be reported on a duplicate copy of the gambling tax return filed with the state lawful gambling control board each month. The report shall be an exact duplicate of the report filed with the state lawful gambling control board without deletions or additions, and must contain the signatures of organization officials as required on the report form.
3. Reporting deadline.
   1. The contribution and the report due must be postmarked or, if hand-delivered, received in the office of the administrator on or before the last business day of the month following the month for which the report is made.
   2. An incomplete report will not be considered timely filed unless corrected and returned by the due date for filing. Delays in the mailing, mail pick-ups, and postmarking are the responsibility of the organization.
   3. The report and contribution shall be delivered to:
      City of Lake Elmo 3800 Laverne Avenue North Lake Elmo MN 55042
4. Payment. Checks shall be made payable to: "City of Lake Elmo."
5. Interest. There shall be an interest charge of eight percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section.
6. Delinquencies.
   1. The council shall disapprove any pending application for renewal or original issue of a lawful gambling license for any organization which owes delinquent gambling contributions to the city. Further, the council or administrator may notify the state lawful gambling control board of any organization owing delinquent gambling taxes to the city and may request that the council revoke or suspend the organization's license during the license year. The council shall not issue or renew any on-sale or off-sale alcoholic beverage license, bottle club permit, or food license to any organization which owes delinquent gambling contributions to the city.
   2. The above remedies are not exclusive and shall be in addition to any other powers and remedies provided by law.
7. Exemption. The receipts from lawful gambling of an organization that is exempt from licensing under M.S.A. § 349.166, as it may be amended from time to time, are not subject to the contribution imposed by this section.
8. Evaluation of purpose of funds. City will evaluate yearly the purposes for which the funds will be used.

All organizations conducting lawful gambling within the city shall, within 30 days of the end of each month, pay to the city an amount equal to three percent of the gross receipts from lawful gambling conducted in the city in that month, less amounts actually paid for prizes, to cover the city's law enforcement and administrative costs in regulating lawful gambling.

Every organization conducting lawful gambling within the jurisdiction of the city shall expend all of its expenditures for lawful purposes on lawful purposes conducted or located within the city's trade area.

1. Organizations which conduct lawful gambling which are exempt from state gambling licensing requirements (pursuant to M.S.A. § 349.166, as it may be amended from time to time) may conduct gambling within the city upon receipt of a permit from the city; except that a permit is not required if the organization awards $5,000.00 or less in prizes in a calendar year.
2. 1. Application. An application for the permit shall be made at least 30 days prior to the date the gambling shall be conducted. The application shall contain the following:
      1. The name of the organization;
      2. The address of the organization;
      3. The place where the gambling will occur; and
      4. The total prizes to be awarded.
   2. Permit fee. The organization shall pay a permit fee as established in the city fee schedule for each day the gambling is conducted.
   3. Permitted classes of gambling. Permits for all classes of gambling activities may be approved.
   4. On-sale premises. Lawful gambling by an organization exempt from licensing may be conducted on the premises of a licensed on-sale liquor, wine, or beer establishment or a bottle club, subject to the restrictions in LEC 11.04.160 et seq. relating to the conduct of gambling in on-sale establishments and bottle clubs.
   5. Consumption; possession; 3.2 percent malt liquor.
      1. Except as provided in this subsection (b)(5), the sale, consumption, and possession of intoxicating liquor at a gambling event by an exempt organization shall be prohibited.
      2. However, 3.2 percent malt liquor may be served and consumed, but only under a valid temporary on-sale beer license.
   6. Compliance; notice. The organization shall comply with all statutory requirements for an exempt organization, including the 30-day notice requirement to the city, pursuant to M.S.A. § 349.166, subd. 2(4), as it may be amended from time to time.
   7. Filing of report. Within 30 days after filing any reports with the state lawful gambling control board, the organization shall file a copy of the reports with the city.
   8. Law enforcement and administrative costs. The provisions relating to law enforcement and administrative costs set forth in LEC 11.04.230 shall not apply to gambling permitted pursuant to this section. All other provisions of LEC 11.04.160 et seq. apply to the organizations.

1. Purpose and intent. The purpose of this subchapter is to promote the orderly, compatible and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, peace and tranquility of residential neighborhoods and safety services.
2. Special events. A special event shall include the following:
   1. Any temporary, privately-sponsored event, typically conducted outdoors, open to the general public, held on public or privately-owned property that will be attended by over 100 people within a 24-hour period where such event would not otherwise be permitted under the city's zoning regulations.
   2. An agricultural sales business as defined in LEC 1.08 that is conducted for less than three months in any calendar year. A special event permit for an agricultural sales business may be issued once per year and for no more than two consecutive years.
3. Exceptions. The term "special event" shall not apply to the following:
   1. Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, or fairs conducted pursuant to M.S.A. ch. 38.
   2. Special events or activities permitted or permitted by other state laws or regulations of the city, including publicly-sponsored activities in the local park system and any other lawfully established event for which the city council has expressly granted approval prior to adoption of this subchapter, unless said event is expanded or enlarged, in which case a special event permit will be required.
   3. Family gatherings, including family reunions, graduation parties, baptisms, confirmations, weddings and the like.
   4. Garage sales.
   5. National night-out or night-to-unite established through the city.
4. Permit required. No person on or after the effective date of this subchapter shall conduct or allow to be conducted any special event as defined in this subchapter without first obtaining a special event permit.
5. Requirements for issuance of a permit.
   1. The following standards shall apply to all special events:
      1. Maximum number of people. The permittee shall not sell tickets to nor permit attendance at the permit location of more than the maximum number of people stated in the special event permit.
      2. Sound equipment. Sound producing equipment, including, but not limited to, public address systems, radios, amplifiers, musical instruments and other recording and playback devices, shall not be operated on the premises of the special event so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of the citizens of the city.
      3. Sanitary facilities. In accordance with state board of health regulations and standards and local specifications, adequate sanitary facilities must be provided which are sufficient to accommodate the projected number of persons expected to attend the event.
      4. Security. The permittee shall employ at his own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the special event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless the county sheriff's department is satisfied that such necessary and sufficient security personnel will be provided by the permittee for the duration of the event.
      5. Food service. The operator of the special event shall be responsible for securing any permits, if necessary, from the county health department for any food services that are made available on the premises.
      6. Fire protection. The permittee shall, at his own expense, take adequate steps to ensure fire protection as determined by the city fire chief.
      7. Duration of special event. The permittee shall operate the special event only on those days and during the hours specified on the permit. The maximum duration of a special event shall be three consecutive days in each calendar year. Events that occur for a longer duration or more than once each year shall only be allowed if permitted under the zoning requirements for the site.
      8. Cleanup plan. The special event applicant is responsible for clean up of the site upon completion of the special event and shall specify the amount of time anticipated to restore the site to its pre-event condition as part of an application. Any clean up or restoration work required by the city may be charged to the applicant. Any city service that requires overtime will be at the expense of the applicant.
      9. Waiver. The city council may grant a waiver from the requirements of this subchapter in any particular case where the applicant can show that strict compliance with this subchapter would cause exceptional and undue hardship by reason of the nature of the special event or by reason of the fact that the circumstances make the requirement of this subchapter unnecessary. Such waiver must be granted without detriment to the public health, safety or welfare and without impairing the intent and purpose of these regulations.
      10. Insurance. Before the issuance of a permit, the permittee shall obtain public liability insurance and property damage insurance with limits determined by the city council if reasonably determined necessary. Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit. Evidence of insurance shall include an endorsement to the effect that the insurance company will notify the city clerk in writing at least ten days before the expiration or cancellation of said insurance.
      11. Miscellaneous. Prior to the issuance of a permit, the city council may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons, attendants or of the citizens of the city, including, but not limited to, restrictions on parking and vehicle access, lighting, litter and noise.
   2. In addition to the requirements listed above, the following shall also apply to a special event permit for an agricultural sales business: All performance standards as specified in the zoning code. The city council may exempt the applicant from any of these standards that are deemed unnecessary given the nature or duration of the event.
6. Application procedures. A written application for a special event permit shall be filed on forms provided by the city with the city administrator not less than 30 days before the date proposed for holding the special event. The written application shall be signed by the person, persons, or parties conducting the event and the property owner, if different, and shall be accompanied by the fee payable hereunder. Upon submission of an application for a special event permit, city staff will review the request and advise the applicant of the need for additional information, if any.
7. Fees. The fee for a special event permit shall be as established by the city council.
8. Granting a permit. The city council, in its sole discretion, reserves the right to review and determine whether a request for a special event and/or street closing is acceptable. In the event the city council determines the activity does not meet these criteria, such applications shall be denied.
9. Denial of permit. The city council shall have the right to deny the permit if, in the judgment of the city council, the granting of a permit would adversely affect the safety, health and welfare of the citizens of the city or if other criteria herein are not met. The applicant shall be notified of such denial and may appear before the city council to appeal such denial.
10. Transferability. No permit granted under this subchapter shall be transferred to any other person or place without consent of the city council, upon written application made therefor.
11. Enforcement and penalties.
    1. The city administrator, and other such officers, employees, or agents as the city council or city administrator may designate, shall enforce the provisions of this subchapter in accordance with LEC 1.04.230.
    2. The holding of a special event in violation of any provision of this subchapter shall be deemed a public nuisance and may be abated as such.
    3. Any person violating any provision of this subchapter is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in state statutes.
12. Revocation of permit. The permit for a special event may be revoked by the city council at any time if any of the conditions necessary for the issuing of or contained in the permit are not complied with or if any of the provisions of this subchapter are violated.

1. Open bottle prohibited.
   1. Possession in public place prohibited. It shall be unlawful to be in the possession of an open bottle of intoxicating liquor in a public place.
   2. Consumption. It shall be unlawful to consume intoxicating liquor in any motorized vehicle or any passenger-carrying appurtenance, including, but not limited to, trailers or campers attached to pickup trucks or any other motorized vehicle, while the vehicle is parked in a public place.
2. Special permit.
   1. Intent. The council may issue a special permit not to exceed 90 days waiving any provisions of this section when it deems the waivers to be consistent with public welfare and safety.
   2. Conditions of permit. The permit must describe with specificity the conditions under which the permit is issued, including:
      1. Public place which is covered by the permit;
      2. The person to whom the permit is issued; and/or
      3. Any other conditions or restrictions that the council deems necessary to adequately provide for the public welfare and safety, including restrictions as to the type of intoxicating liquor which may be consumed and the hours in which the liquor may be served.
   3. Violation. Any violation of the conditions imposed on the permit under subsection (b)(2) of this section shall result in an automatic revocation of the permit.

Except as provided in LEC 11.08.020 et seq., no persons shall sell intoxicating liquor without first obtaining a license from the city.

Intoxicating liquor licenses shall be of six kinds.

1. On-sale licenses. On-sale licenses shall be issued only to hotels, clubs, restaurants, and exclusive liquor stores and shall permit on-sale of intoxicating liquor only.
2. On-sale wine licenses. On-sale wine licenses shall be issued only to restaurants having facilities for seating at least 25 guests at one time and shall permit only the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food.
3. Temporary on-sale licenses. Temporary on-sale licenses shall be issued only to clubs or charitable, religious, or other non-profit organizations in existence for at least three years and shall authorize the on-sale of intoxicating liquor in connection with a social event sponsored by the licensee and subject to the restrictions imposed by M.S.A. ch. 340A, as it may be amended from time to time. No more than three temporary on-sale licenses may be issued to any one organization or for any one location within a 12-month period.
4. Off-sale licenses. Off-sale licenses shall be issued only to exclusive liquor stores and shall permit off-sale of intoxicating liquor only.
5. Special club licenses. Special club licenses shall be issued to incorporated clubs or congressional chartered veterans organizations which have been in existence for at least three years.
6. Special licenses for Sunday sales. Sunday on-sale licenses shall be issued only to a hotel, restaurant, or club which has facilities for serving at least 30 guests at one time and which has a regular on-sale license.

1. Form. Every application for a license to sell liquor shall include applicant's name, age, representations as to character (with the references as the council may require), citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long applicant has been in that business at that place, and the other information as the council may require from time to time. Every application shall also include a copy of each summons received by the applicant under M.S.A. § 340A.802, as it may be amended from time to time, during the preceding year. The application shall be in the form prescribed by the commissioner and shall be verified and filed with the administrator. No person shall make a false statement in an application.
2. Bond. Each application for an on-sale, on-sale wine, or off-sale license shall be accompanied by a surety bond in the amount of $1,000.00 or, in lieu of the surety bond, cash or United States government bonds of equivalent value.
3. Financial responsibility. No liquor license may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by M.S.A. § 340A.801, as it may be amended from time to time. The proof shall be filed with the commissioner. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S.A. § 340A.801, as it may be amended from time to time.
4. Approval of security. Security bonds or evidence of financial responsibility shall be approved as to form by the city attorney. Operation of a licensed business without having on file with the city at all times evidence of required bonds or insurance coverage shall be cause for revocation of the liquor license.

1. Fees. The annual fee for liquor licenses shall be set from time to time by ordinance of the council.
2. Waiver of fee. The council can, at its discretion, waive the fee for a temporary on-sale license.
3. Payment. Each application for a license shall be accompanied by a receipt from the city treasurer for payment in full of the license fee and the fixed investigation fee required pursuant to LEC 11.08.060(a). All fees shall be paid into the general fund. If an application for a license is rejected, the treasurer shall refund the amount paid as the license fee.
4. Term; pro rata fee. Each license shall be issued for a period of one year except that, if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on December 31.
5. Refund. No refund of any license fee shall be made except as provided in LEC 11.08.020 et seq.

1. Preliminary investigation.
   1. On an initial application for an on-sale license and on application for transfer of an existing on-sale license, the applicant shall pay with the application an investigation fee as set forth from time to time by resolution of the council.
   2. The city shall construct a preliminary background and financial investigation of the applicant.
   3. The application in this case shall be made on a form prescribed by the commissioner and with the additional information as the council may require.
   4. If the council deems it in the public interest to have an investigation made on a particular application for renewal of an on-sale license, it shall so determine.
   5. In any case, if the council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with the commissioner for the investigation.
   6. No license shall be issued, transferred, or renewed if the results show, to the satisfaction of the council, that issuance would not be in the public interest.
   7. If the investigation is required beyond state boundaries, the applicant shall pay for the actual cost of the investigation but in no event an amount in excess of $10,000.00.
   8. The estimated amount of the investigation shall be paid at the time of application.
   9. The remaining amount due for investigative costs shall be paid prior to final review of the license application by the council.
   10. The full amount of the license investigation fee is payable regardless of whether the liquor license is granted.
2. Hearing and issuance. The council shall investigate all facts set out in the application and not investigated in the preliminary background investigation. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. No license shall become effective until it, together with the security furnished by the applicant, has been approved by the commissioner.
3. Person and premises license; transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without council approval. Any transfer of stock of a corporate license is deemed a transfer of the license, and a transfer of stock without prior council approval is a ground for revocation of the license.

No license shall be granted to any person made ineligible for the license by state law.

1. General prohibition. No license shall be issued for any place or any business ineligible for the license under state law.
2. Delinquent taxes. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the city are delinquent and unpaid.

1. General. Every license is subject to the conditions in this section and all other provisions of LEC 11.08.020 et seq. and of any other applicable ordinance, state law, or regulation.
2. Insurance. Every licensee shall comply with the financial responsibility requirements of state law and of LEC 11.08.020 et seq. as a continuing condition of any license granted pursuant to LEC 11.08.020 et seq.
3. Licensee responsibility. Every licensee is responsible for the conduct in the licensed establishment, and any sale of alcohol beverages by any employee authorized to sell the beverages in the establishment is the act of the licensee for the purposes of license suspension or revocation.
4. Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee during business hours without a warrant.
5. Display during prohibited hours. No on-sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited.

1. Liquor in unlicensed places. No person shall purchase liquor for consumption in any public place or place of business unless it has a license to sell liquor on-sale or a permit from the commissioner, and no person shall consume liquor in that place.
2. Consumption in public places. No person shall consume liquor in a public park, or other public place, except for those temporary licenses granted pursuant to LEC 11.08.030(c).

1. The council shall either suspend for up to 60 days or revoke any liquor license, or impose a civil fine not to exceed $2,000.00 for each violation, upon the finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcohol beverages. Except in case of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to M.S.A. §§ 14.57 to 14.69 of the Administrative Procedure Act, as it may be amended from time to time.
2. Lapse of required dram shop insurance or bond, or withdrawal of a required deposit of cash or securities, shall effect an immediate suspension of any license issued pursuant to LEC 11.08.020 et seq. without further action of the council. Notice of cancellation, lapse of a current liquor liability policy or bond, or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or bond, or withdrawal of a required deposit, or of suspension or revocation of a license, may request a hearing and, if the request is made in writing to the administrator, a hearing shall be granted within ten days or the longer period as may be requested. Any suspension under this section shall continue until the council determines that the financial responsibility requirements of LEC 11.08.020 et seq. have again been met.

1. Intoxicating liquor on-sale. No sale of intoxicating liquor for consumption on the licensed premises may be made by an on-sale licensee:
   1. Between 1:00 a.m. and 8:00 a.m. Monday through Saturday;
   2. After 1:00 a.m. on Sundays, except that a restaurant, club, or hotel with a seating capacity for at least 30 persons which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. Sunday and 1:00 a.m. on Monday; and/or
   3. Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except that a restaurant, club, or hotel with a seating capacity for at least 30 persons which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 midnight on Sundays and 1:00 a.m. on Mondays.
2. Intoxicating liquor off-sale. No sale of intoxicating liquor may be made by an off-sale licensee:
   1. On Sundays;
   2. Before 8:00 a.m. on Monday through Saturday;
   3. After 10:00 p.m. on Monday through Saturday;
   4. On Thanksgiving Day;
   5. On Christmas Day, December 25; or
   6. After 8:00 p.m. on Christmas Eve, December 24.

1. All sales shall be made in full view of the public.
2. It shall be unlawful for any person to mix or prepare liquor for consumption or to consume liquor or to permit the consumption of the liquor in any public place or place of business except on premises for which an on-sale license has been issued.

1. Any license granted under LEC 11.08.020 et seq. may be revoked by the council.
2. A hearing shall first be held by the council and the revocation then made for cause.
3. Any violation of any provision or condition of LEC 11.08.020 et seq. or the state licensing law or any falsification of any statement in the application shall be grounds for revocation.
4. Any license shall be revoked automatically upon the conviction of the licensee of a felony.
5. No portion of the license fee paid to the administrator shall be returned upon revocation.

1. Administrative fines, suspension, revocation.
   1. 1. Any violation of the city's regulations relating to the issuance of an intoxicating liquor license or any conditions/restrictions attached to the issuance of the license shall be cause for the imposition of an administrative fine, the suspension of the license, and/or the revocation of the license.
      2. A licensee whose license has been revoked shall not be eligible for another intoxicating liquor license for one year from the date of license revocation.
   2. No suspension or revocation shall take effect until the licensee has been given an opportunity for a hearing pursuant to M.S.A. §§ 14.57 through 14.69, as they may be amended from time to time, provided that the city shall not be required to conduct the hearing before an employee of the office of administrative hearings.
   3. If the violation relates to the sale of intoxicating liquor to minors by licensee's employees, the following administrative fines, suspension, or revocations may be imposed:
      1. After the first violation, if an affidavit of training is on file with the city for the employee who made the illegal sale, the city administrator shall provide licensee with a notice that a sale to a minor has been documented and shall include a copy of the city's administrative fine regulations with the city; or, if an affidavit of training is not on file with the city for the employee who made the illegal sale, the city administrator shall notify licensee that a sale to a minor has been documented, shall include a copy of the city's administrative fine regulations with the notice, and shall impose an administrative fine of $200.00.
      2. The second violation within 12 months shall require the licensee to pay an administrative fine of $200.00 if an affidavit of training is on file with the city for the employee who made the illegal sale; or shall require the licensee to pay an administrative fine of $400.00 if no affidavit of training is on file with the city for the employee who made the illegal sale.
      3. The third violation within 24 months shall require the licensee to pay an administrative fine of $400.00 and shall result in a license suspension of seven business days if an affidavit of training is on file with the city for the employee who made the illegal sale; or shall require licensee to pay an administrative fine of $800.00 and shall result in a license suspension for seven business days if an affidavit of training is not on file with the city for the employee who made the illegal sale.
      4. The fourth violation within 24 months shall result in license revocation.
2. Compliance checks. The city or its law enforcement agencies shall conduct compliance checks at least once each calendar year at each location where an intoxicating liquor license has been issued to test compliance with the provisions of the city's regulations. Compliance checks shall utilize minors over the age of 18, but under the age of 21, who attempt to purchase intoxicating liquor under the direct supervision of a law enforcement officer.

1. Types of licenses. Except as provided in LEC 11.08.160 et seq., no person shall sell 3.2 percent malt liquor without first obtaining a license from the city. Licenses shall be of three kinds:
   1. On-sale;
   2. Off-sale; and
   3. Temporary on-sale.
2. On-sale licenses. On-sale licenses shall be granted only to bona fide clubs, drug stores, restaurants, hotels, and establishments for the sale of 3.2 percent malt liquor, cigars, cigarettes, all forms of tobacco, beverages, and soft drinks at retail. On-sale licenses shall permit the sale of 3.2 percent malt liquor for consumption on the premises only.
3. Off-sale licenses. Off-sale licenses shall permit the sale of 3.2 percent malt liquor at retail, in the original package, for consumption off the premises only.
4. Temporary on-sale licenses. A club or charitable, religious, or non-profit organization may be issued a temporary on-sale license for the sale of 3.2 percent malt liquor on or off school grounds, and in and out of school houses and school buildings and in or outside of public parks. No more than three temporary on-sale licenses may be issued to any one organization or for one location, within a 12-month period.

1. General.
   1. Every application for a license to sell 3.2 percent malt liquor shall be made on a form supplied by the city and shall state the name of the applicant, applicant's age, representations as to applicant's character with the references as may be required, applicant's citizenship, whether the application is for on-sale or off-sale, the business in connection with which the proposed license will operate and its location, whether the applicant is the owner and operator of the business, how long applicant has been in that business at that place, the amount and nature of any dancing, singing, vaudeville performance, or other entertainment to be provided for guests, and the other information as the council may require from time to time.
   2. Except for resorts, a scale drawing of the floor plan of the proposed licensed premises shall be attached to each application.
   3. It shall be unlawful to make any false statement in the application. Applications shall be filed with the city administrator.
2. Corporations. In addition to the previous provisions, an application for an on-sale or off-sale license on behalf of a corporation shall include complete information as to the names and addresses of the officers of the corporation and other information required by the council. Corporate officers shall notify the council whenever any change is made in the officers of the corporation.

1. Each application for a license shall be accompanied by a receipt from the administrator for payment in full of the required fee for the license.
2. All fees shall be paid into the general fund of the municipality.
3. Fees shall be set by ordinance of the council.

No part of the fee paid for any license issued under this Code shall be refunded except:

1. Rejected application. Upon the rejection of an application for a license, the administrator shall refund the amount paid; and
2. Death of licensee. Upon the death of a licensee, provided that the application for refund is made to the council within 90 days of the date of licensee's death, there shall be refunded a pro rata portion of the fee computed on a monthly basis for any unexpired period of the license that exceeds one month.

The council shall investigate all facts set out in the application. Opportunity shall be given for any person to be heard for or against the granting of the license. After the investigation and hearing, the council may grant or refuse the application in its discretion.

All licenses issued under this chapter shall expire on January 1 of each year. Each license shall be issued for a period of one year, except that, if a portion of the licensed year has elapsed when the application is made, a license shall be issued for the remainder of the year. In case of death of any licensee of any off-sale or on-sale non-intoxicating malt beverages, licensee's personal representative is, by LEC 11.08.160 et seq., authorized to continue operating the business for not more than 90 days after the death of the licensee.

1. Generally. Each license shall be issued only to the applicant and only for the premises described in the application. No license may be transferred to another person or place without the approval of the council.
2. Corporations. The transfer of control in any corporation holding an on-sale or off-sale license shall be deemed a transfer within the meaning of this subchapter, and no transfer of stock shall be made without the consent of the council.

Applications for renewal of an existing license shall be filed with the administrator on or before December 1.

1. Generally. The council may revoke a 3.2 percent malt liquor license for violation of any statute or ordinance relating to the sale of 3.2 percent malt liquor. The following shall be deemed sufficient cause for revocation:
   1. If the officers of a corporation licensee fail to notify the council of a proposed sale or transfer of control or of a change in the corporate officers;
   2. If any 3.2 percent malt liquor licensee is the owner and holder of a federal retail liquor dealer's special tax stamp and does not have a license to sell intoxicating liquors pursuant to the laws of the state for the place, the licensee's 3.2 percent malt liquor license shall be revoked by the council without notice and without a hearing on the revocation; and/or
   3. If any dancing, singing, vaudeville performance or other entertainment is provided for guests other than that stated in the application for the license.
2. Hearing. Licensee shall be granted a hearing upon at least ten days' notice before revocation or suspension is ordered by the council, where mandatory revocation is not provided by law.
3. Length of suspension. No suspension shall exceed 60 days.

1. Persons. No license shall be granted to a person who is:
   1. Not of good moral character and repute;
   2. Not at least 18 years of age;
   3. Not the proprietor of the establishment for which the license is issued;
   4. A person convicted of violating any law relating to the sale of 3.2 percent malt liquor or of intoxicating liquor within a period of five years prior to the date of the application; and/or
   5. The owner or holder of, or to whom there is subsequently issued, a federal liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to the person a license to sell intoxicating liquor at the place.
2. Places.
   1. No license of any kind shall be granted for any premises where a licensee, or licensee's agent, servant, or employee, has been convicted of a violation of this Code or applicable state law, or where any license under LEC 11.08.160 et seq. has been revoked for cause, until one year has elapsed after the conviction or revocation, or the shorter period of time as the council, in its discretion, may establish.
   2. No license shall be granted within 600 feet of the property line of any school, church, playground, or public park, except for those temporary licenses granted pursuant to LEC 11.08.160(d).
   3. No license shall be granted for operation of any premises upon which taxes, assessments, or other financial claims of the operation are delinquent and unpaid.

Every license shall be granted subject to the following subsections and all the provisions of this Code and any other applicable law.

1. Posting license. All licensed premises shall have the license posted in a conspicuous place at all times.
2. Intoxicated persons. 3.2 percent malt liquor shall not be sold or served to any intoxicated person.
3. Gambling prohibited. No gambling or any gambling device shall be permitted on any licensed premises.
4. Retail. No manufacturer or wholesaler of 3.2 percent malt liquor shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of M.S.A. § 340A.301, as it may be amended from time to time. No retail licensee and manufacturer or wholesaler of 3.2 percent malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of 3.2 percent malt liquor, and no manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.
5. Display. No licensee who is not also licensed to sell intoxicating liquor shall 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. This subsection shall not apply to any place licensed as a bottle club, pursuant to the applicable state statutes. The presence of intoxicating liquors on the premises of a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale.
6. Conduct. Every licensee shall be responsible for the conduct of licensee's place of business and shall maintain conditions of sobriety and order.
7. Prohibitions. No tobacco products or soft drinks shall be sold in any saloon or tavern during the hours when the sale of 3.2 percent malt liquor is prohibited.
8. Consumption. No person shall consume or display any intoxicating liquor on the premises of the licensee, provided that this subsection shall not apply to any place licensed as a bottle club, pursuant to the applicable state statutes.
9. Effective boundaries. No license shall be effective beyond the compact and contiguous space named in the license for which it was granted, provided that the premises of a resort include the land upon which the resort is located.

No sale of 3.2 percent malt liquor shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday, inclusive. Neither shall any sale of the liquor be made on any Sunday between the hours of 1:00 a.m. and 12:00 noon.

It shall be unlawful for any:

1. Licensee or licensee's employee to sell or serve 3.2 percent malt liquor to any minor or to permit any minor to consume 3.2 percent malt liquor on the licensed premises or to permit any minor to loiter or to remain in the room where 3.2 percent malt liquor is being sold or served unless accompanied by the minor's parent or legal guardian;
2. Person to induce a minor to purchase or procure 3.2 percent malt liquor;
3. Minor to misrepresent his age for the purpose of obtaining 3.2 percent malt liquor; and/or
4. Minor to have in his possession any 3.2 percent malt liquor.

1. 3.2 percent malt liquor.
   1. Any violation of the city's regulations relating to the issuance of a 3.2 percent malt liquor license or any conditions/restrictions attached to the issuance of the license shall be cause for the imposition of an administrative fine, the suspension of the license, and/or the revocation of the license. A licensee whose license has been revoked shall not be eligible for another 3.2 percent malt liquor license for one year from the date of license revocation.
   2. No suspension or revocation shall take effect until the licensee has been given an opportunity for a hearing pursuant to M.S.A. §§ 14.57 through 14.69, as they may be amended from time to time, provided that the city shall not be required to conduct the hearing before an employee of the office of administrative hearings. If the violation relates to the sale of 3.2 percent malt liquor to minors by licensee's employees, the following administrative fines, suspension, or revocations may be imposed:
      1. After the first violation, if an affidavit of training is on file with the city for the employee who made the illegal sale, the city administrator shall provide licensee with a notice that a sale to a minor has been documented and shall include a copy of the city's administrative fine regulations with the city; or, if an affidavit of training is not on file with the city for the employee who made the illegal sale, the city administrator shall notify licensee that a sale to a minor has been documented, shall include a copy of the city's administrative fine regulations with the notice, and shall impose an administrative fine of $200.00.
      2. The second violation within 12 months shall require the licensee to pay an administrative fine of $200.00 if an affidavit of training is on file with the city for the employee who made the illegal sale; or, shall require the licensee to pay an administrative fine of $400.00 if no affidavit of training is on file with the city for the employee who made the illegal sale.
      3. The third violation within 24 months shall require the licensee to pay an administrative fine of $400.00 and shall result in a license suspension of seven business days if an affidavit of training is on file with the city for the employee who made the illegal sale; or shall require licensee to pay an administrative fine of $800.00 and shall result in a license suspension for seven business days if an affidavit of training is not on file with the city for the employee who made the illegal sale.
      4. The fourth violation within 24 months shall result in license revocation.
2. Compliance checks. The city or its law enforcement agencies shall conduct compliance checks at least once each calendar year at each location where a 3.2 percent malt liquor license has been issued to test compliance with the provisions of the city's regulations. Compliance checks shall utilize minors over the age of 18, but under the age of 21, who attempt to purchase 3.2 percent malt liquor under the direct supervision of a law enforcement officer.