AN ORDINANCE AMENDING ORDINANCE 159 TO ADD SECTION 34
SECTION 34: TEMPORARY EXPANSION PERMIT
A. The City Council may allow for the issuance of a temporary expansion of premises license ("Temporary Expansion Permit" or "Permit") to a licensee with a valid and pre-existing on-sale intoxicating liquor license.
a.The Temporary Expansion Permit is subject to these requirements:
i. The premises may only be expanded to an area that is compact and contiguous to the permanently licensed premise on land owned by the license holder pursuant to a written lease with a minimum term of 30 days, or on a part of the sidewalk of the public right of way immediately adjoining the licensed premises ("Expanded Premises")
ii.The Permit is temporary for the time period set by the City Council inclusive without any right to renewal thereafter.
The permit applicant shall provide the following information on forms provided by the City Administrator. Information provided must be complete, sufficient and acceptable to the City Administrator. The application must include:
a.The name and addresses of the on-sale license holder and if the holder is a company, the name and addresses of its owners, officers or partners.
b.A specific description and diagram of the Expanded Premises in which the temporary expansion activity is to occur. This area must be compact and contiguous to the permanently licensed premises, and be surrounded by physical enclosure devices if required by City Council. The diagram shall indicate how the area will be physically enclosed, and show the location of tables, chairs, food and beverage stations, and any other important features.
c.The purpose for which the temporary expansion is sought, and a description of the planned activities including projected attendance, food and beverage service, security plans, parking, and hours of operation.
d.Such other information as the City Council or City Administrator may deem necessary.
e.An agreement by the applicant to pay the Citys reasonable costs, disbursements and attorney fees incurred by the City in enforcing the provisions of the permit or any violation of the permit.
D. The Temporary Expansion Permit issued for an expansion on the sidewalk public right of way may not allow outdoor music or other outdoor entertainment or noise amplification. The City Council may allow outdoor music, outdoor entertainment and noise amplification in a Temporary Expansion Permit issued for land owned by the license holder or for land leased by the license holder pursuant to a written lease within a minimum term of 30 days, provided that the land is contiguous to the permanently licensed premises.
E. The City Council may, from time to time, restrict the sale and consumption of alcoholic beverages pursuant to a Temporary Expansion Permit to certain hours after notice to the Permit holder.
F. The Permit shall specify the area in which the expansion is allowed. The Permit may not allow the sale or service in any portion of the street designated for vehicular travel and, if the Permit is for the sidewalk right of way, the Permit shall provide that sufficient area within the sidewalk right of way shall remain open at all times for pedestrian traffic as required by the City Administrator.
G. Issuance of the Permit shall not be construed as authorizing any permanent installation to be placed in the public way.
H. The Permit does not authorize a sidewalk cafe in violation of state law.
I. No authorized Permit is effective until the applicant has filed with the City Administrator evidence of the following insurance in force:
a.insurance required by Minnesota Statutes Chapter 340A.509;
b.general public liability and property damage insurance with respect to the Expanded Premises in which the limits of public liability, shall be not less than the maximum liability insurance established by Minnesota Statutes 466.04, Subd. 1. The insurance policy shall name the City and any additional person, firms or entities designated by it, as additional insureds, and shall contain a clause providing that the insurer will not cancel or change the insurance without first giving the City at least 10 days prior written notice. The insurance shall be issued by a responsible company qualified to do business in Minnesota, approved by the City, and a copy of the policy or a certificate of insurance shall be delivered to and approved by the City Administrator before the Permit is effective.
J. The Permit holder shall provide proper containers for the collection of waste and trash and shall be responsible for keeping the outdoor area clean of garbage, trash, or litter associated with the operation of the permitted business and shall be responsible for clean-up and/or repair of the sidewalk caused by the use of the area.
K. The Permit holder's products, tables, chairs, equipment and other property located within the sidewalk right of way Expanded Premises:
a.shall be located so that a minimum of (to be set by the City Council) of unobstructed sidewalk is provided for passage of pedestrians, or the minimum required by the City building code or the Americans with Disabilities Act, whichever requirement is more restrictive;
b.shall not block regulatory signs, crosswalks, intersections, fire hydrants, handicap loading zones, or other public structures or facilities;
c.shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the areas and shall not impede, endanger or interfere with pedestrian or vehicular traffic;
d.shall be stable and not easily tipped and shall not include sharp edges, protrusions, or other features that may be hazardous to the public;
e.shall not shall remain in the Expanded Premises when the business is not open and being operated;
f.shall be moved inside the adjoining building during inclement weather; and
g.shall be immediately removed from the Temporary Expansion Premises at any time that the Permit is suspended, revoked or expires.
L. The Permit holder's staff, agents and employees shall not operate or provide services outside of the Expansion Premises.
M. The granting of a permit shall in no way be considered a relinquishment by the City of that portion of said public right of way, or be of any force or effect beyond the time herein provided. Additional conditions may be imposed from time to time to protect the health, safety or welfare of the public or to protect nearby property owners from hardship or damage or to protect other public interests as determined by the City Administrator or Police Chief.
N. No Temporary Expansion Permit shall be valid at any time that the insurance required herein is not maintained and evidence of its continuance filed with the City Administrator.
O. Suspension and revocation. This Temporary Expansion Permit may be suspended at any time by the City Council for a period not to exceed 30 days, pending hearing on the suspension or revocation as provided in Section 23 for violation of these restrictions, or any code or law, or for nuisance resulting from the Temporary Expansion Permit.
P. Upon the conviction of the Permit holder or the holder's agent, servant or employee for the violation of any City ordinance or State law in connection with the ownership, maintenance, or operation of the licensed premises or Expanded Premises or service of beer or liquor, this Temporary Expansion Permit may be suspended at any time by the City Council for a period not to exceed 30 days, pending hearing on the suspension or revocation as provided in Section 23.
Q. EFFECTIVE DATE
This ordinance becomes effective on the date of its publication.
Passed the City Council of the City of Audubon, Minnesota on the 13th day of May, 2019.