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The Council is authorized by the provisions of Minnesota Statutes § 340A.509, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in Minnesota Statutes Chapter § 340A, as it may be amended from time to time.
(Section 4-501 added by Ord. No. 07-05, effective December 20, 2007.]
In addition to the definitions contained in Minnesota Statutes § 304A.101, as it may be amended from time to time, the following terms are defined for purposes of this ordinance:
A. “LIQUOR” – As used in this ordinance, without modification by the words, an “intoxicating” or a “3.2 percent malt”, includes both intoxicating liquor and 3.2 percent malt liquor.
B. “RESTAURANT” – An eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. To be a restaurant as defined by this section, an establishment shall have a license from the state as required by Minnesota Statutes § 157.16, as it may be amended from time to time, and meet the definition of either a “small establishment,” “medium establishment” or “large establishment” as defined in Minnesota Statutes § 157.16, subd. 3d, as it may be amended from time to time. An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, s hall not be considered to be a restaurant for purposes of this ordinance unless it meets the definitions of a “small establishment”, “medium establishment” or “large establishment”.
[Section 4-502 added by Ord. No. 07-05, effective December 20, 2007, as amended by Ord. No 18-01, effective May 31, 2018.]
A. The City Council finds that it is in the best interests of the public health, safety, and general welfare of the people of the City that nudity is prohibited as provided in this section on the premises of any establishment licensed under this ordinance. This is to protect and assist the owners, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this ordinance, as set forth in this section, reflects the prevailing community standards of the City.
B. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material.
C. A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or other license issued under this ordinance or the imposition of a civil penalty under the provisions of Section 4-528 B.
[Section 4-503 added by Ord. No. 07-05, effective December 20, 2007, amended by Ord. No. 09-04, effective, March 19, 2009.]
No person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this ordinance, in a municipal liquor dispensary if one exists in the City, or where the consumption and display of liquor is lawfully permitted.
[Section 4-504 added by Ord. No. 07-05, effective December 20, 2007.]
State law establishes the number of liquor licenses that a city may issue. The Council is not required to issue the full number of licenses that is has available. The Council in its sound discretion may provide by ordinance that a larger number of licenses may be issued up to the number of licenses authorized by Minnesota Statutes Chapter § 340A, as it may be amended from time to time.
[Section 4-505 added by Ord No. 07-05, effective December 20, 2007.]
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