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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.
<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 />2. Non-Intoxicating Liquor: Beer or malt liquor with an alcoholic content of not less than one-half (0.5%) of
<br />one percent by volume and not more than three and two -tenths (3.2%) percent by weight.
<br />3. On-Sale: The sale of non-intoxicating liquor for consumption on the premises.
<br />4. Off-Sale: The sale of non-intoxicating liquor for consumption off the premises.
<br />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 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 (21) 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
<br />meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a
<br />customer orders food from printed menus and whe re the main food course is served and consumed while
<br />seated at a single location. To be a restaurant as defined by this section, an establishment shall have a license
<br />from the state as required by Minn. Stat. § 157.16, as it may be amended from time to time, and meet the
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