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No on-sale of wine shall be made between 2:00 a.m. and 11:00 a.m. on Sunday nor between the hours of 12:00 a.m. and 8:00 a.m. on Monday, nor between the hours of 2:00 a.m. through 8:00 a.m. on Tuesday through Saturday.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
It is unlawful for any:
(A) Person to knowingly induce another to make an illegal sale or purchase of wine;
(B) Licensee to sell wine on any day or during any hour when sales of wine are not permitted by law;
(C) Person to purchase wine on any day or during any hour when sales of wine are not permitted by law;
(D) Licensee to sell or serve wine to any person who is obviously intoxicated; or
(E) Wine licenses may be issued, with the approval of the Commissioner of Public Safety, only to restaurants having facilities for seating of at least 25 people at one time for the sale of wine not exceeding 14% alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. The holder of a wine license who is also licensed to sell 3.2% malt liquor on-sale and whose gross receipts are at least 50% attributable to the sale of food, may also sell intoxicating malt liquors at on-sale without an additional license.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
CONSUMPTION AND DISPLAY
(A) License required. Any nonprofit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in conjunction with a social activity sponsored by it shall first obtain a license therefor from the city. It is unlawful for any organization to fail to obtain a license.
(B) Term. The term of the license shall be one day only.
(C) Limitation on number. No more than ten licenses shall be issued in any calendar year.
(D) License fee. The fee for a one-day license shall be as set forth in the current city fee schedule.
(E) Approval. In addition to Council approval, a license must be approved by the Commissioner of Public Safety.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
(A) Consumption and display license required. It is unlawful for any club or business establishment which does not hold an on-sale liquor license to directly or indirectly allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing with liquor, without a license therefor from the city.
(B) Consumption and display license and license fee. The annual consumption and display license fee shall be as set forth in the current city fee schedule. The term of the annual license shall be effective from April 1 through March 31 of the following year.
(C) Consumption and display restrictions and regulations.
(1) Lockers. A business establishment or club to which a license is issued under this section may allow members to bring and keep a personal supply of liquor in lockers on the establishment’s premises. Every bottle, container or other receptacle containing liquor stored by a member shall attach to it a label signed by the member, shall be kept in a locker designated to the use of the member, and no other liquor shall be on the premises.
(2) Person under 21. It is unlawful for any person under 21 years of age to be assigned a locker for the storage of liquor or to consume or display or keep a supply of liquor on the establishment’s premises.
(3) Restrictions. No licensee may permit a person to consume or display liquor or no person may consume or display liquor, between 2:00 a.m. and 12:00 noon on Sundays, and between 2:00 a.m. and 8:00 a.m. on Monday through Saturday.
(4) Issuance of licenses. The city may issue a license under this section only to:
(a) An applicant who has not, within five years prior to the application, been convicted of a felony or of violating any provision of M.S, Chapter 340A, as it may be amended from time to time, or of violating any provision of this chapter;
(b) A restaurant;
(c) A hotel;
(d) An establishment holding a beer license issued under this chapter;
(e) A resort as defined by Minnesota Statutes; and
(f) A club, as defined by M.S. Chapter 340A, as it may be amended from time to time, or an unincorporated club otherwise meeting the definition of club, provided the club does not hold an on-sale liquor license.
(5) Sale of liquor on licensed premises. It is unlawful to sell liquor on premises licensed under this section.
(6) Issuance of consumption and display license. No consumption and display license may be issued by the city unless the business establishment or club seeking a license hereunder holds a consumption and display permit from the Commissioner. It is unlawful for any person, business establishment or club, directly or indirectly, to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing with liquor, without first having obtained a permit therefor from the Commissioner.
(Ord. 2006-4-2, passed 4-24-2006) Penalty, see § 10.99
NUDITY OR OBSCENITY
(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUDITY. The showing of the human male or female genitals, pubic area, buttocks, or anus with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
OBSCENE PERFORMANCE. A play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.
OBSCENITIES. Those slang words, currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT. Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SEXUAL EXCITEMENT. The condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
(B) Unlawful act. It is unlawful for any person issued a license provided for in this chapter to permit upon licensed premises any nudity, obscene performance or continued use of obscenities by any agent, employee, patron or other person.
(Ord. 2006-4-2, passed 4-24-2006; Am. Ord. 2010-02, passed 2-8-2010; Am. Ord. 2012-04, passed 4-9-2012)
Penalty, see § 10.99