§ 409.07.1. Extended service license.

(a)

License. Establishments located holding on-sale licenses issued under this chapter may remain open for the sale of food after the hours of sale provided in section 409.07 of the Legislative Code and until 3:00 a.m. if they have first obtained an extended service license. Such license shall be a class III license. Except as provided in subsection (d) below, the notice, hearing and consent requirements in section 411.04(b) of the Legislative Code shall apply to extended service licenses. Applications shall be made on such forms as may be provided by the department of safety and inspections the fee for such license shall be established by ordinance as provided in section 310.19(b) of the Legislative Code.

(b)

Procedures. Notwithstanding any other provision of law, the council may, at any time and with respect to any establishment, condition, deny or revoke an extended service license in order to protect the public peace, welfare and safety, or upon the grounds in section 310.06 of the Legislative Code, but without compliance with the formal contested case hearing procedures in section 310.05 of the Legislative Code. The licensee or applicant shall be given an opportunity to be heard before the council on such actions.

(c)

Regulations. The following regulations shall apply to all extended service licenses:

(1)

Food menu. The establishment shall, as a condition of issuance and throughout the term of such license, provide as a menu item during such extended hours of service at least four (4) different types of entrees and/or sandwiches and a choice of nonalcoholic beverages.

(2)

No alcohol. No alcoholic beverages may be offered, displayed, sold or consumed by anyone in the establishment during such extended hours. No alcoholic beverage container of any kind, whether empty or containing any alcoholic beverage, shall remain on the bar, tables, counters or any other place to which a customer has access, or at any location in the customer areas of the establishment, after 1:00 a.m., if the establishment has an extended service license or after 2:00 a.m. if the establishment has obtained a permit from the state pursuant to Minn. Stat. § 340A.504, subd. 7.

(3)

Alcohol storage. All alcoholic beverages shall be stored not later than 1:15 a.m. or 2:15 for those establishments which have obtained a permit from the state pursuant to Minn. Stat. § 340A.504, subd. 7, which permits later service, and during extended service hours in a cabinet, locker, or storage area which is locked and secure, and which shall remain locked at all times during extended service hours.

(4)

Entertainment. Except as provided in subsection (d) below, no entertainment shall be provided during the extended service hours unless the applicant first complies with the petition and consent requirements of section 411.04(b) of the Legislative Code. This is a separate and distinct requirement from that provided for in section 409.07.1(a) above, provided that the hearing dates may be combined at the discretion of the council. The provision of entertainment during any extended service hours shall be in conformity with all the other requirements of law, including Chapter 411 of the Legislative Code. Notwithstanding the foregoing, no establishment shall provide Class C entertainment during the hours of extended service hereunder.

(5)

Conditions. The council may further condition any extended service license issued hereunder, which conditions may include, but are not limited to, by reason of this specification:

a.

Limitations on the time of the extended service hours, and/or the days of the week on which such extended service hours may be held;

b.

Requirements concerning staffing or security levels and/or the provision of security during extended service hours;

c.

Conditions relating to security, lighting, noise, litter, parking or traffic control; and

d.

Other conditions enumerated in section 310.06(c) of the Legislative Code.

Such conditions may be imposed on, revised or added to any extended service license at any time, without compliance with the formal contested case hearing procedures in section 310.05 of the Legislative Code. The licensee or applicant shall be given an opportunity to be heard before the council on such conditions.

(d)

Downtown business district. Applicants for extended service license located in the downtown business district, as defined in section 409.02, shall not have to comply with the notice, hearing and consent requirements in section 411.04(b) for either the license itself or the provision of entertainment under an existing entertainment license during the extended service hours. Class C entertainment cannot be provided during the hours of extended service hereunder.

(C.F. No. 94-1658, § 1, 12-28-94; C.F. No. 97-604, § 2, 6-25-97; C.F. No. 03-554, § 2, 7-7-03; C.F. No. 07-149, § 154, 3-28-07)