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<br /> <br />City of Gem Lake, Ramsey County, Minnesota <br />Liquor <br />Ordinance No. 146 <br />AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF <br />INTOXICATING AND NONINTOXICATING LIQUOR AND PROVIDING A PENALTY FOR VIOLATION. <br />Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340A, , as they may be <br />amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on <br />consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, <br />and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part <br />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 <br />are hereby adopted by reference or referenced as if they had been in existence at the time this Chapter is adopted.with <br />reference to the definition of terms, applications for license, granting of license, conditions of license, restrictions on <br />consumption, provisions on-sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the <br />retail sale, distribution, and consumption of intoxicating liquor are hereby adopted and made a part of this Ordinance as <br />if fully set out herein. <br />Section 2. Title and Purpose <br />1. This ordinance shall be known, cited, and referred to as the “Liquor Ordinance”, except as herein referred to as <br />this “Ordinance”. <br />2. It is deemed in the interest of the public and the residents of the City of Gem Lake that any person, firm or <br />corporation who engages in the business of selling intoxicating liquor, non-intoxicating liquor, or both, for <br />consumption on or off the premises, as defined in this ordinance, shall first secure a license therefor as <br />provided herein. <br />3. The ordinance shall establish definitions related to the ordinance, regulate the application for and granting of <br />licenses and the fees related thereto, provide for financial responsibility on the part of the applicants, establish <br />conditions under which licenses shall be granted and revoked, stipulate restrictions related to the sale of all <br />liquor, and define penalties for violation of the ordinance. <br />Section 3. Definitions. In addition to the definitions contained in Minn. Stat. § 340A.101 as it may be amended from <br />time to time, the following terms are defined for purposes of this ordinance: <br />1. Intoxicating Liquor: Ethyl Alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing <br />more than 3.2 percent alcohol by weight. <br />1.2. Non-Intoxicating Liquor: Beer or malt liquor with an alcoholic content of not lessmore than one-half (0.5%) <br />of one percent by volume and not more than three and two -tenths (3.2%) percent by weight. <br />2.3. On-Sale(s): The sale of non-intoxicating liquor for consumption on the premises. <br />3.4. Off-Sale(s): The sale of non-intoxicating liquor for consumption off the premises. <br />4.5. Applicant: A person, firm, or corporation who makes application for a license with the City. <br />6. Licensee: A person, firm, or corporation to whom the City has issued a non-intoxicating liquor license. <br />7. Liquor: Without modification by the words “intoxicating” or a “3.2 percent malt” includes both intoxicating <br />liquor and 3.2 percent malt non-intoxicating liquor. <br />8. Minor: A person under twenty-one (1821) years of age. <br />9. Person: Any individual, partnership, association, corporation, limited liability company, club, or other <br />organization. <br />10. Restaurant. An eating facility, other than a hotel, under the control of a single proprietor or manager, where