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GENERAL PROVISIONS
§ 110.01 ADOPTION OF STATE LAW BY REFERENCE.
   The provisions of M.S. Ch. 340A, as it 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% 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, as it may be amended from time to time, are hereby adopted by reference or referenced as if they had been in existence at the time this chapter is adopted.
(Ord. 93, passed 1-2-2007)
§ 110.02 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.
(Ord. 93, passed 1-2-2007)
§ 110.03 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% malt,” includes both intoxicating liquor and 3.2% 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. 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, 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”.
(Ord. 93, passed 1-2-2007)
§ 110.04 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 nontransparent 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% malt liquor license or the imposition of a civil penalty under the provisions of § 110.99.
(Ord. 93, passed 1-2-2007) Penalty, see § 110.99
LICENSING
§ 110.15 NUMBER OF LICENSES WHICH MAY BE ISSUED.
   State law establishes the number of liquor licenses that a city may issue. The City Council may issue up to the number of licenses allowed by M.S. Ch. 340A, as it may be amended from time to time.
(Ord. 93, passed 1-2-2007; Ord. 153, passed 6-17-2014)
§ 110.16 TERM AND EXPIRATION OF LICENSES.
   Each license shall be issued for a maximum period of one year. All licenses, except temporary licenses, shall expire on December 31 of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Consumption and display permits issued by the Commissioner of Public Safety, and the accompanying city consent to the permit, shall expire on March 31 of each year.
(Ord. 93, passed 1-2-2007)
§ 110.17 KINDS OF LIQUOR LICENSES.
   The Council is authorized to issue the following licenses and permits, up to the number specified in § 110.15:
   (A)   Three and two tenths percent malt liquor on-sale licenses, which may be issued only to golf courses, restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2% malt liquor with the incidental sale of tobacco and soft drinks;
   (B)   Three and two tenths percent malt liquor off-sale licenses;
   (C)   Temporary 3.2% malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization;
   (D)   Off-sale intoxicating liquor licenses. The fee for an off-sale intoxicating liquor license established by the Council under § 110.18 shall not exceed $100 or a greater amount which may be permitted by M.S. § 340A.408, subd. 3, as it may be amended from time to time;
   (E)   On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by M.S. § 340A.101, as it may be amended from time to time, and this chapter: hotels; restaurants; bowling centers; theaters; clubs or congressionally chartered veterans organizations; and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under § 110.18 shall not exceed the amounts provided for in M.S. § 340A.408, subd. 2b, as it may be amended from time to time. The Council may, in its sound discretion, authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the city under the provisions of M.S. § 340A.404, subd. 4b, as it may be amended from time to time. The Council may, in its sound discretion, authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the city, under the provisions of M.S. § 340A.404, subd. 4a, as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises;
   (F)   Sunday on-sale intoxicating liquor licenses. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in § 110.03, club, bowling center, or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license, which shall be established by the Council under the provisions of § 110.18, shall not exceed $200, or the maximum amount provided by M.S. § 340A.504, subd. 3c, as it may be amended from time to time;
   (G)   Combination on-sale/off-sale intoxicating liquor licenses;
   (H)   Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than four consecutive days, and the city shall issue no more than 12 days worth of temporary licenses to any one organization in one calendar year;
   (I)   On-sale wine licenses, with the approval of the Commissioner of Public Safety to: theaters; restaurants that have facilities for seating at least 25 guests at one time and meet the criteria of M.S. § 340A.404, subd. 5, as it may be amended from time to time, and which meet the definition of restaurant in § 110.03; and to licensed bed and breakfast facilities which meet the criteria in M.S. § 340A.401, subd. 1, as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of § 110.18 shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2% malt liquor license is authorized to sell malt liquor with a content over 3.2% (strong beer) without an additional license;
   (J)   One day consumption and display permits with the approval of the Commissioner of Public Safety to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization; and
   (K)   Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety. The maximum amount of the additional fee which may be imposed by the Council on a person who has been issued a consumption and display permit under the provisions of § 110.18 shall not exceed $300, or the maximum amount permitted by M. S. § 340A.414, subd. 6, as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year.
(Ord. 93, passed 1-2-2007)
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