2002-07-10 CC Packet - Laserfiche WebLink

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but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business or selling or leasing merchandise, fixtures or supplies to such establishment; or any interest of 5 percent or less in any corporation holding a City liquor license. A person who receives monies, from time to time, directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide," the reasonable value of the goods or things received as consideration for the payment of the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade any prohibitions under this ordinance shall be considered. (c) Licensed Premises: The term "Licensed Premises" is the premises described in the approved license application. In the case of a restaurant, club, or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated. (d) Operating Manager: The term "Operating Manager" as used in this ordinance means a person designated by the license holder who works full-time at the licensed premises and is in charge of day-to-day liquor sales. (e) Properly Designated Officer: The term "Properly Designated Officer" means and includes (i) the City Fire Inspector or Fire Chief; (ii) the City Building Official, Building Inspector, or Administrator; and (iii) the Health Inspectors employed by Anoka County or the State of Minnesota acting in the course of the scope of their employment. (f) Underage Person: The term "Underage Person" means a person who is under the legal drinking age as provided by Minnesota Statutes Chapter 340A. (g) 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. (h) Restaurant: 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 tern in this ordinance, 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" 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 the purposes of this chapter unless it meets thebdefinitions of "small establishment", "medium establishment", or "large establishment".