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2. No person shall induce a minor to serve, purchase or consume liquor.
<br />3. No person shall mix, prepare, or serve liquor for consumption in any public place or place of business not
<br />licensed to sell liquor “on-sale” and no person shall consume liquor in any such place.
<br />4. No liquor shall be sold or consumed on a public highway or in an automobile.
<br />5. No person shall consume, nor shall any on-sale licensee permit any consumption of intoxicating liquor or 3.2
<br />percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can
<br />legally occur.
<br />6. No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2
<br />percent malt liquor to remain upon any table, bar, stool, or other place where customers are served, more
<br />than 30 minutes after the time when a sale can legally occur.
<br />7. No person, other than the licensee and any employee, shall remain on the on -sale licensed premises more
<br />than 30 minutes after the time when a sale can legally occur.
<br />Section 14. Nudity on the Premises of Licensed Establishments Prohibited.
<br />1. The City Council finds that it is in the best interests of the public health, safety, and general welfare of the
<br />people of the city that nudity is prohibited as provided in this section on the premises of any establishment
<br />licensed under this ordinance. This is to protect and assist the owners, operators, and employees of the
<br />establishment, as well as patrons and the public in general, from harm stemming from the physical
<br />immediacy and combination of alcohol, nudity, and sex. The Council especially intends to prevent any
<br />subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal
<br />conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the
<br />prohibition of nudity on the premises of any establishment licensed under this ordinance, as set forth in this
<br />section, reflects the prevailing community standards of the city.
<br />2. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the
<br />person does not have his or her buttocks, anus, breasts, and genitals covered with a non -transparent material.
<br />It is unlawful for any person to be on the licensed premises when the person does not have his or her
<br />buttocks, anus, breasts, and genitals covered with a non-transparent material.
<br />3. A violation of this section is a misdemeanor punishable as provided by law, and is justification for
<br />revocation or suspension of any liquor, wine, or non-intoxicating liquor license or any other license issued
<br />under this ordinance or the imposition of a civil penalty under the provisions of Section 13.2.
<br />Section 15. Administrative Penalty. The Council may suspend or revoke any liquor license for violation of any
<br />provision or condition of this Ordinance or any State law regulating the sale of liquor and shall revoke such license if
<br />the licensee willfully violates any provision of Minnesota Statutes, Chapter 340A.
<br />1. Procedures. The following procedures shall be implemented regarding alleged violations of this
<br />Ordinance. Should the City elect to proceed with an administrative violation:
<br />1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be
<br />issued, either personally or by mail, a notice that sets forth the alleged violation and which shall
<br />inform the alleged violator of their right to be heard on the accusation.
<br />2. Hearing. If a Person accused of violating this Ordinance so requests, a hearing shall be
<br />scheduled before the Gem Lake City Council; the time and place of which shall be published
<br />and provided to the alleged violator at least ten (10) days in advance, not to exceed forty-five
<br />(45) days. The City Council shall receive evidence of the violation and evidence provided by
<br />the alleged violator by testimony, in written form, or both. The hearing shall be recorded.
<br />3. Findings. If the Gem Lake City Council finds that a violation of this Ordinance did occur, that
<br />decision, along with the Council’s findings for a violation and the penalty to be imposed, shall
<br />be recorded in writing, a copy of which shall be provided to the accused violator. If the Council
<br />finds that no violation has occurred or finds grounds for not imposing any penalty, such
<br />Commented [CS6]: Added as suggested by the LMC
<br />model
<br />Commented [CS7]: Review the hearing timeline.
<br />Commented [KB8R7]: Satisfies any OML concerns. As
<br />long as the Council is okay with the timeline, no issue on my
<br />end.
<br />Commented [EM9R7]: PC recommended revising 30 to
<br />45
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