Ordinance No. 146 Liquor - Laserfiche WebLink

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Section 14. Nudity on the Premises of Licensed Establishments Prohibited. The City Council finds that it is in the best interests of the public health, safety, and general welfare of the people of the city that nudity is prohibited as provided in this section on the premises of any establishment licensed under this ordinance. This is to protect and assist the owners, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this ordinance, as set forth in this section, reflects the prevailing community standards of the city. 2. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non -transparent material. It is unlawful for any person to be on the licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals covered with a non -transparent material. 3. A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or non -intoxicating liquor license or any other license issued under this ordinance or the imposition of a civil penalty under the provisions of Section 13.2. Section 15. Administrative Penalty. The Council may suspend or revoke any liquor license for violation of any provision or condition of this Ordinance or any State law regulating the sale of liquor and shall revoke such license if the licensee willfully violates any provision of Minnesota Statutes, Chapter 340A. 1. Procedures. The following procedures shall be implemented regarding alleged violations of this Ordinance. Should the City elect to proceed with an administrative violation: 1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be issued, either personally or by mail, a notice that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. 2. Hearing. If a Person accused of violating this Ordinance so requests, a hearing shall be scheduled before the Gem Lake City Council; the time and place of which shall be published and provided to the alleged violator at least ten (10) days in advance, not to exceed forty-five (45) days. The City Council shall receive evidence of the violation and evidence provided by the alleged violator by testimony, in written form, or both. The hearing shall be recorded. 3. Findings. If the Gem Lake City Council finds that a violation of this Ordinance did occur, that decision, along with the Council's findings for a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator. If the Council finds that no violation has occurred or finds grounds for not imposing any penalty, such findings shall be recorded, and a copy provided to the acquitted accused violator. 4. Appeals. Any person aggrieved by the final findings of the City Council under this Section may seek judicial review by petition to the Court of Appeals in accordance with Minn. Stat § 14.63 to § 14.68. 5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed against the individual charged with a misdemeanor. 6. Continued Violation. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. Liquor Ordinance No. 146