3. SR 05-27-2020 - Laserfiche WebLink

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allow for this. Some have changed ordinances that require the business to apply for a permit for this temporary increase in size. Others have approved resolutions. The benefit of having a permit process is the option to make this an administrative process that does not require council approval. It is important to work with the city attorney in developing this process. Some important considerations for cities: • The retailer must provide the city with proof that their liquor liability insurance covers alcohol sales in any expanded outdoor spaces which, under Minnesota law, must be "compact and contiguous" to the main structure. Proof of liquor liability insurance must also be provided for onsite catered events. • The city will need to approve a map of expanded service areas. Note that guidance from the Minnesota Department of Employment and Economic Development (DEED) limits bars and restaurants to 50 guests with reservations for the entire outdoor service area. • Cities may want to consider noise and traffic concerns. • Local zoning and building codes would apply to any physical expansions such as new or modified patios and decks. This may include the type of materials for fencing required to have a compact and continuous new space. Q2. Can the city allow businesses to expand their outdoor areas? A2. Minnesota Statutes, section 340A.410, subdivision 7 requires retail alcoholic beverage licensed premises to be compact and contiguous. Minnesota Rules 7515.0430, subpart 2 defines the types of additions license holders can make as part of their licensed premises to include physically connected attachments to the main structure such as patios, decks, or pavilions. The space would have to be owned and/or leased and be a part of the business. The city would have to approve any compact and contiguous additions to the licensed premises and include such additions in the license files and on documentation defining the licensed premises. Sidewalk seating or other types of city -controlled public space that would normally not be used for expanded seating could be used at the city's discretion as it would for sidewalk table seating under normal circumstances. The city would have to allow the license holder use of the space and include it as retail licensed premises patio space. Use of a parking lot would have to constitute a compact and contiguous additional patio space. The Minnesota Department of Transportation is preparing guidance on the use of parking lots and areas traditionally used as right of ways. A link to that guidance will be provided here when available. Q3. Can the city grant catering permits as a way for businesses to expand their outdoor service? A3. If the parking lot or other expansion space is not contiguous to the original licensed premises, another option would be for the business to apply and qualify for an alcohol catering permit to enable alcohol incidental to food service for events (see Minnesota Statutes, section 340A.404, subdivision 12). An event is not daily bar service, but could be weekend parties or music events, etc. Q4. Do municipal on -sale liquor establishments have to follow the same rules as other businesses if they want to expand their outdoor service? A4. Cities that operate an on -sale liquor establishment need to have: 0 City approval for expanded outdoor spaces,