Agenda - Council Work Session - 06/03/2008

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7.51 Regulation ofthe Possession, Sale and Consumption of Intoxicating and 3.2 Percent Malt Liqllor 7.51.01 Adoption, of State Law by Reference The provisions of M. S. Chapter 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 ordinance as if set out in full. It is the intention of the City Council that all future amendments to M. S. Chapter 340A are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance is adopted. 7.51.02 City May be More Restrictive than State Law The Council is authorized by the provisions of M. S. 9 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 M. S. Chapter 340A, as it may be amended from time to time. 7.51.03 Definitions In addition to the definitions contained in M. S. 9 340A.I01, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: LIQUOR, as used in this ordinance, without modification by the words "intoxicating" or "3.2 percent malt", includes both intoxicating liquor and 3.2 percent malt liquor. RESTAURANT means 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 term in this ordinance, an establishment shall have a license from the state as required by M. S. 9 157.16, as it may be amended from time to time, and meet the definition of either a "small establishment", "medium establishment" or "large establishment" as definedin M. S. 9 157.16, subd. 3d, as it may be amended from tune 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". 7.51.04 Prohibited Acts on the Premises of Licensed Establishments Subdivision 1. The following acts or conduct in establishments serving on-sale intoxicating and 3.2 malt liquor and licensed pursuant to this section within the City are deemed contrary to the public welfare and morals and therefore are prohibited: -29- '