DULUTH LEGISLATIVE CODE.
CHAPTER 8.
BEVERAGES.
Article 1. Alcoholic Beverages.
Subdivision II. Licenses.
Sec. 8-54. License not effective beyond space for which granted; exceptions--sidewalk use
permit.
(a) Licensed premises. No license shall be effective beyond the compact and contiguous space
named therein for which the same was granted. In addition, the following standards and procedures apply:
(1) If any part of the serving area of the licensed premises is outside of a fully enclosed
building, that part must comply with all the conditions set out in Section 8-54(b) or (c) or (d) that apply to the
area;
(2) At the time of application or at any time an outdoor area is licensed, its operation is
subject to the power of the chief of police to approve the operation, set hours of operation, set days of
operation, based upon an administration review and application of uniform regulatory criteria established by
the police department, which pertains to public safety, convenience, compliance with laws, neighborhood
conditions, noise, parking and health;
(3) Licensed premises shall include the entire parcel of land on which the establishment
is located; however, no sales or service shall take place outside the designated serving areas approved by
the city council in the licensing procedure unless such sales and/or service is authorized on a temporary basis
for a special event by city council resolution and shall be subject to any conditions and limitations the council
deems appropriate;
(4) Before any temporary service area is authorized, the licensee shall make application
to the city clerk. The application shall include the following:
(A) Payment of the appropriate fee;
(B) A diagram of the proposed area;
(C) Specification of the time and date of the event; and
(D) Fencing, signage and security measures proposed to be taken;
(5) The alcohol, gambling and tobacco commission shall review the application for
temporary service area and make any recommendation(s) it deems appropriate to the city council;
(6) The fee for temporary expansions shall be set in accordance with Section 31-6(a) of
this Code for the first day of the event and for each day thereafter. If the application is denied, all but a portion
of the fee, set in accordance with Section 31-6(a) of this Code, shall be refunded to the applicant;
(7) No temporary expansion of service area shall be granted for a period of time greater
than three consecutive days;
(b) Sidewalk use permit for licensed premises. The licensed premise shall not include those
areas of the business premise for which a sidewalk use permit has been issued pursuant to Section 50-37.12
unless the licensee complies with the following:
(1) The area may be part of the licensed premises only if no privately-owned property
is reasonably available to the licensee that could be used, instead, as an outdoor licensed premises;
(2) The licensee has a food and beverage service establishment license under M.S.A.
Sec. 157.16, subd. 3(d)(3)(i) or (ii), or subd. 3(d)(4) and subd. 3(d)(6) or (7), and whatever food service is
available anywhere else in the licensed premises is available in the permitted area;
(3) No alcoholic beverage can be served, consumed or possessed in the permitted area
by any person unless he or she is seated at a table;
(4) The permitted area shall not exceed 500 square feet in area, must have an imperv-
ious surface, must, when in use, have an approved continuous perimeter barrier or fence. The fence must
be approved by the police chief and the building official as meeting administrative criteria as to safety, security,
regulated access and restricted means to transfer alcoholic beverages on or off the premises. The design,
appearance, lighting, decoration, signage and use of the facility shall be reasonably compatible with the