CITY OF BAXTER, MINNESOTA ORDINANCE 2023-006 AN ORDINANCE AMENDING THE TEXT OF TITLE 3, CHAPTER 3 OF THE BAXTER CITY CODE THE CITY OF BAXTER ORDAINS: SECTION 1. Amendments. The text of Title 3, Chapter 3 (Liquor Control) of the Baxter City Code is hereby amended by deleting the stricken material and adding the underlined material as follows: 3-3-2(C) (7): License Required: 7. There shall be no live music allowed on nonenclosed premises except in the case of a special event which has prior approval of a special event permit. Amplified music shall be kept at a level that is not intrusive to adjacent properties. Unless the establishment has obtained a conditional use permit from the city. City Code 3-3-2 (D) Temporary Amendments to On-Sale Licenses. 1. The city council may approve a temporary amendment to an existing on-sale, on-sale wine, or Sunday on-sale intoxicating liquor license to allow the sale of liquor in an area outside the licensed premises if the council determines in its sole discretion that the following criteria are met: a. the area to be used must be immediately adjacent to the licensed premises; b. the area will be used in connection with an event no longer than three days in duration; c. no more than four temporary amendments per year will be allowed for a licensee at one establishment. A special license issued to a non-profit organization which contracts with the licensee for provision of service will be counted as part of this total; d. adequate measures will be taken to control access to the additional area, to ensure that alcoholic beverages are not sold to minors and are not carried outside of the licensed premises and the additional area; e. adequate measures will be taken to ensure that there will be no violation of the city’s noise ordinance; f. the use of the additional area will not decrease available parking below that required by the zoning ordinance for the licensed premises; g. the use of the additional area will not unreasonably impede traffic circulation; h. the licensee has obtained adequate liability insurance for the additional area; and i. the issuance of the temporary amendment would not be adverse to the public health, safety and welfare. 2. To obtain a temporary amendment, the licensee must submit an application accompanied by: a. a diagram showing the expanded area to be used; b. a detailed description of the event for which the additional area will be used; c. a detailed description of the security measures to be used; d. evidence that the licensee has liability insurance to cover the additional area; and e. evidence that the licensee has the right to use the additional area. SECTION 2. Effective Date. This amendment shall take effect upon its passage and publication. Whereupon, said Ordinance is hereby declared adopted on this 7th day of February, 2023. Darrel Olson, Mayor ATTEST: Kelly Steele, Assistant City Administrator/Clerk (Feb. 15, 2022) 194568