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Ordinance 768.docxPage 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 768 AN ORDINANCE AMENDING CHAPTER 10 OF CHANHASSEN CITY CODE LIQUOR LICENSES FOR PATIO SEATING AND SEXUALLY ORIENTED BUSINESS LICENSING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: SECTION 1: Section 10-30 of the Chanhassen Municipal Code is hereby amended to read as follows: Sec 10-30 Granting, Transfer or Expansion Of License a) Applicant. A license shall be issued to the applicant only, and no license shall be transferred except as provided in this article. b) Premises. Each license shall be issued only for the exact rooms and square footage described in the application. A license is valid only in the compact and contiguous building, structure, or patio situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. c) Building under construction. When a license is granted for a premises where the building is under construction or otherwise not ready for occupancy, the city clerk shall not issue the license until notified by the building official that the building is ready for occupancy. d) Death of licensee. In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed 90 days after the death of the licensee. e) Temporary Expansion of Licensed Premises. The purpose of this section is to allow temporary expansion of the licensed premises of on-sale liquor, wine and beer licensees, to temporarily include limited outdoor areas directly adjacent to and contiguous with the permanently licensed premises, subject to such conditions as the council determines will protect the public health, safety and welfare. The city council finds that allowing outdoor sales and service in commercial areas is beneficial to the creation of a vibrant and prosperous business community so long as adequate review, controls and accountability are in place. Therefore, the holder of any retail liquor license for premises located in the city may apply for a permit for temporary expansion of its licensed premises for an area directly adjacent to and contiguous with the permanently licensed premises. The city council may grant such a permit on the terms and conditions specified in this section and such other terms and conditions as the city council may determine are necessary or advisable to protect the public health, safety and welfare. Application for a permit for temporary expansion of a licensed premises shall be subject to the following requirements and procedures: Docusign Envelope ID: 4466D28E-0F3D-85B6-80DA-35BC48E5A0F2 Page 2 1) Application: Application for a permit for temporary expansion of a licensed premises shall be made on a form provided by the city and shall contain the following information and such other information as the city may require from time to time: a) The names, addresses and telephone numbers of the license holder, its owners, officers, partners, and of all managers of the licensed establishment. b) A specific description and diagram of the area in which the temporary expansion activity is to occur. The description and diagram must include location, dimensions, barriers proposed to be used, ingress and egress arrangements, seating capacity, and other pertinent information. The area must be compact and contiguous to the permanently licensed premises, and be contained by physical enclosure devices. c) Written consent of the owner of the expansion area or of a person with lawful responsibility for the expansion area, if the owner is someone other than the licensee. d) The purpose for which the temporary expansion is sought, a description of planned activities, including food and beverage service, entertainment, if any, security plans (including lighting, sanitation, liquor control, etc.) and days and hours of operation including beginning and ending dates. e) Proof that any necessary auxiliary permits have been obtained, such as an outdoor event permit. f) A detailed description of the planned staffing of the temporary expansion area during hours of operation, and methods the licensee will use to ensure that consumption of alcoholic beverages is restricted to the licensed premises and the temporary expansion area and that alcoholic beverages are not removed from those areas. g) Such other information as the city may deem necessary. 2) Review: Applications shall be submitted to the city clerk and shall be reviewed by the city clerk, city engineer, zoning administrator, chief of police and fire chief, prior to issuance of a permit by the city council. Review of applications shall include consideration of all pertinent building code, fire code, other life safety issues, applicable zoning ordinances, history of the licensee with regard to maintaining order on the licensed premises and complying with applicable laws, potential impact of proposed outdoor service on adjoining and surrounding properties in terms of light, noise and liquor control, and other considerations. 3) Denial, Suspension, Revocation: The city council may deny, revoke, and suspend a license for any of the following reasons: Docusign Envelope ID: 4466D28E-0F3D-85B6-80DA-35BC48E5A0F2 Page 3 a) The existence of a temporary expansion disturbs the peace, quiet or repose of surrounding residential or commercial areas. b) The existence of a temporary expansion contributes to crime, disorderly behavior, noise, traffic, litter or parking problems in the area near the establishment. c) Any violation of the laws relating to the sale or service of alcoholic beverages. d) Any violation of the terms of this section. e) Any other good cause related to the operation of the establishment. 4) Conditions: Approval of an application may be made subject to any appropriate restrictions or conditions, which may vary from establishment to establishment depending on the circumstances. At a minimum, the following restrictions and conditions shall apply: a) A temporary expansion area must be compact and contiguous to the permanently licensed premises and must be contained by approved physical enclosure devices. b) Hours of operation shall not exceed those hours authorized at the permanent premises, or any lesser hours specified as a condition of the temporary expansion of premises license. c) Days or dates of operation shall be as specified in the permit. d) An approved barrier at least thirty-six inches (36") in height shall be in place between the temporary expansion area and any other public or private property during all hours of operation, provided that the city council may require a higher and more secure barrier depending upon the circumstances. e) The city council may require access to and egress from a temporary expansion area be only through a door connecting it to the permanently licensed premises or to other property controlled by the licensee. f) The licensee shall have submitted adequate plans addressing liquor control and other public safety concerns and shall at all times comply with all such plans which have been approved by the city in issuing a permit under this section. g) All temporary barriers, tables, chairs and other property of the licensee shall be removed from any temporary licensed premises upon expiration of the permit. h) The licensee shall be responsible for picking up trash and litter resulting Docusign Envelope ID: 4466D28E-0F3D-85B6-80DA-35BC48E5A0F2 Page 4 from activity within the temporary expansion area both within the temporary expansion area and within a reasonable distance outside of the temporary expansion area. i) All applicable liquor laws shall be faithfully observed by the licensee and the licensee's employees. j) The licensee shall have secured any other permit or license which may be required for the use and period of time proposed. k) The council may prohibit or authorize entertainment to be conducted in an outdoor expansion area, in the discretion of the council, and may restrict any authorized entertainment as necessary or desirable for the protection of the repose and welfare of the public and adjoining and surrounding property owners. l) The licensee shall file with the city proof that the liability insurance required by this code and by Minnesota statutes chapter 340A apply to the expanded area. m) Concurrence of previously scheduled authorized outdoor events that are: a) in close proximity to the outdoor expansion area or b) that will negatively impact similar properties affected by the event at the outdoor expansion area will be a basis for a denial of the application or appropriate restrictions on the outdoor expansion area. 5) Denial, Suspension Or Revocation: Denial, suspension or revocation of a temporary expansion of liquor license premises shall be subject to appeal and review in accordance with the procedures provided under this chapter in the case of suspensions and revocations of liquor licenses. SECTION 2. Article 10-VI and Sections 10-160 through 10-180 are hereby renumbered as Article 10-XII and Sections 10-250 through 10-270. Docusign Envelope ID: 4466D28E-0F3D-85B6-80DA-35BC48E5A0F2 Page 5 SECTION 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 28th day of September 2026, by the City Council of the City of Chanhassen, Minnesota Jenny Potter, City Clerk Elise Ryan, Mayor Published in the Sun Sailor on October 8, 2026) Docusign Envelope ID: 4466D28E-0F3D-85B6-80DA-35BC48E5A0F2