CHAPTER 112: LIQUOR REGULATIONS
Section
General Provisions
   112.01   Adoption of state law by reference
   112.02   City may be more restrictive than state law
   112.03   Definitions
   112.04   Nudity on the premises of licensed establishments prohibited
   112.05   Consumption in public places
Licensing
   112.20   Number of licenses which may be issued
   112.21   Term and expiration of licenses
   112.22   Kinds of liquor licenses
   112.23   License fees; pro rata
   112.24   Council discretion to grant or deny a license
   112.25   Application for license
   112.26   Description of premises
   112.27   Applications for renewal
   112.28   Transfer of license
   112.29   Investigation
   112.30   Hearing and issuance
   112.31   Restrictions on issuance
   112.32   Conditions of license
   112.33   Hours and days of sale
   112.34   Minors on premises
   112.35   Restrictions on purchase and consumption
   112.36   Suspension and revocation
Municipal Liquor Stores
   112.50   Application of this subchapter
   112.51   Existing municipal stores continued
   112.52   Location
   112.53   Operation
   112.54   Proof of financial responsibility
   112.55   Issuance of other licenses
 
   112.99   Penalty
GENERAL PROVISIONS
§ 112.01 ADOPTION OF STATE LAW BY REFERENCE.
   The provisions of M.S. Ch. 340A, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this Chapter as if set out in full. It is the intention of the City Council that all future amendments to M.S. Ch. 340A are hereby adopted by reference or referenced as if they had been in existence at the time this Chapter is adopted.
§ 112.02 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW.
   The Council is authorized by the provisions of M.S. § 340A.509, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Ch. 340A, as it may be amended from time to time.
§ 112.03 DEFINITIONS.
   In addition to the definitions contained in M.S. § 340A.101, as it may be amended from time to time, the following terms are defined for purposes of this chapter:
   LIQUOR. As used in this chapter, without modification by the words “intoxicating” or “3.2 percent malt,” includes both intoxicating liquor and 3.2 percent malt liquor.
   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 M.S. § 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 M.S. § 157.16, Subd. 3(d), 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, shall not be considered to be a restaurant for purposes of this chapter unless it meets the definitions of “small establishment”, “medium establishment” or “large establishment.”
§ 112.04 NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS PROHIBITED.
   (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 chapter. 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 chapter, 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 the imposition of a civil penalty under the provisions of § 112.99(B).
Penalty, see § 112.99
§ 112.05 CONSUMPTION IN PUBLIC PLACES.
   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 chapter, in a municipal liquor store if one exists in the city, or where the consumption and display of liquor is lawfully permitted.
Penalty, see § 112.99
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