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5.10. 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 where 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 <br />definition of either a “small establishment,” “medium establishment” or “large establishment” as defined in <br />Minn. Stat. § 157.16, subd. 3(d), as it may be amended from time to time. An establishment which serves <br />prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and <br />served, shall not be considered to be a restaurant for purposes of this ordinance unless it meets the definitions <br />of a “small establishment”, “medium establishment” or “large establishment”. <br />Section 4. Licenses Required. No person, except wholesalers or manufacturers to the extent authorized under State <br />license, shall directly or indirectly deal in, sell, or keep for sale any liquor without first having received a license to d o <br />so as provided in this Ordinance. <br />1. 3.2 Malt Liquor Licenses. <br />1. 3.2 Malt Liquor On-Sale licenses may be issued only to golf courses, restaurants, hotels, clubs, <br />bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with <br />the incidental sale of tobacco and soft drinks. <br />2. 3.2 Malt Liquor Off-Sale licenses obtained pursuant to this ordinance will permit the licensee to <br />sell 3.2 percent malt liquors for consumption. 3.2 Malt Liquor On-Sale Licenses shall be issued to <br />restaurants, clubs, and exclusive “on-sale” liquor stores. <br />3. Temporary 3.2 Malt Liquor licenses may be issued only to a club, charitable, religious, or nonprofit <br />organization. <br />2. Intoxicating Liquor Licenses. <br />1. Off-sale intoxicating liquor licenses may be issued only to exclusive liquor stores or drug stores that <br />have an off-sale license which was first issued on or before May 1, 1994. <br />2. On-Sale Intoxicating Liquor licenses may be issued to the following establishments as defined by <br />Minn. Stat. § 340A.101, as it may be amended from time to time, and this ordinance: hotels, <br />restaurants, bowling centers, theaters, clubs or congressionally chartered veterans’ organizations, <br />theaters, resorts as defined by Minn. Stat. § 157.15, subd. 11, and exclusive liquor s tores. Club <br />licenses may be issued only with the approval of the Commissioner of Public Safety. The Council <br />may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the <br />licensed premises at a community festival held within the city under the provisions of Minn. Stat. § <br />340A.404, subd. 4(b) as it may be amended from time to time. The Council may in its sound <br />discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises <br />at any convention, banquet, conference, meeting, or social affair conducted on th e premises of a <br />sports, convention, or cultural facility owned by the city, under the provisions of Minn. Stat. § <br />340A.404, subd. 4(a) as it may be amended from time to time; however, the licensee is prohibited <br />from dispensing intoxicating liquor to any person attending or participating in an amateur athletic <br />event being held on the premises. <br />3. Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a <br />general or special election as provided by Minn. Stat. § 340A.504, subd. 3, as it may be amended <br />from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as <br />defined in Section 3 of this ordinance, club, bowling center, or hotel which has a seating capacity of <br />at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only <br />in conjunction with the service of food. <br />4. Combination on-sale/off-sale intoxicating liquor licenses may be issued to eligible licensees in lieu of <br />separate on-sale and off-sale licenses if the city has a population less than 10,000. <br />5. Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public <br />Safety, may be issued only in connection with a social event sponsored by a club, charitable, <br />Commented [CS1]: Updated section to include all licenses <br />allowed by state statute.